Law Reports Issue 3 by University of Southampton

May 2019 | Issue 03 News and views from Southampton Law School

IN THIS ISSUE Ò I mproving older people’s well-being Ò Brexit: the impact on EU immigrants Ò Launch of Stefan Cross Centre for Women, Equality and Law

Reflecting on 100 years of women in the law

Introduction

WELCOME TO LAW REPORTS Welcome to the third edition of Law Reports, our biannual magazine showcasing the important research being undertaken by Southampton Law School. In this issue, we focus on the recent visit by Lady Hale, President of the Supreme Court of the United Kingdom. It was a great pleasure and privilege for the School to welcome Lady Hale. In addition, we show how the Brexit Referendum is having an effect on EU immigrants (particularly the Polish community) in Southampton; hear more about the launch of the Stefan Cross Centre for Women, Equality and Law and consider the legal implications of the growing use of data-driven personalised profiling. We also look at the history of the Institute of Maritime Law and consider its future plans. I hope you enjoy these accounts of the first rate research being conducted in the Law School. As in all our endeavours, our aim is high quality legal scholarship which makes a contribution to the development of society. We hope our students are inspired by reading of the many and varied challenges which the law and lawyers must address. Professor Brenda Hannigan Head of Southampton Law School

Professor Brenda Hannigan

TOP 25 UK LAW SCHOOL Complete University Guide, 2020 “We are pleased with our ranking, particularly as it reflects improvements in the student experience and employability which are central to our education mission - high quality legal education preparing our students for great careers.” Professor Brenda Hannigan Head of Southampton Law School

If you would like more info on any aspect of our research please contact Director of Research, Professor David Gurnham at d.gurnham@southampton.ac.uk

Find out more: www.southampton.ac.uk/law 2

IN THIS ISSUE

FEATURE:

Lady Hale reflecting on 100 years of women in the law

News Round-up Stories from our students, staff and alumni

Exploring the rise of data-driven personalisation

SPOTLIGHT ON:

Dr Filip Saranovic , Lecturer in Maritime and Commercial Law

The Institute of Maritime Law The past, the present, the future

Supporting mental health Law students are taking on the role of Mental Health Act Review Managers

Launch of new Stefan Cross Research Centre The first of its kind in the country for women, equality and law

Mooting success Celebrating our students’ achievements

Protecting older people’s well‑being A seminar exploring the issues affecting older people

Investigating EU nationals’ vulnerability post-Brexit

Looking at the impact of the Referendum

Exploring The Humanity of Private Law Best-selling author at Southampton workshop

Find out more about Southampton Law School: www.southampton.ac.uk/law 3

News Round-up

INTERNATIONAL RECOGNITION FOR SOUTHAMPTON ALUMNA A Southampton Law School alumna has received an international award for her exemplary leadership and achievements and the way she has used her experience of studying at a UK university to make a positive contribution to her community, profession and country. Ayşegül Buğra was awarded the Professional

Achievement Award at the Study UK Alumni Awards that were held recently. The awards recognise outstanding achievements with a positive global impact made by the international alumni of UK universities. They were developed by the British Council and UK universities, and were launched by the British Council five years ago. They celebrate and showcase the impact and value of a UK higher education and raise

the profile and reputation of UK alumni, their former universities, and the whole of UK education. Ayşegül was presented with her award at

a special ceremony at the British Consulate General in Istanbul, Turkey. She said: “I believe that studying at the University of Southampton enriched me with a flexible approach, effective research skills and an international vision to the training of students in Turkey.” She is the Director of the Dr. NüsretSemahat Arsel International Business Law Implementation and Research Center, an Assistant Professor of Transport and Insurance Law at Koç University Law School, and is a member of the Executive Committee of the Turkish Insurance Law Association.

British Council Turkey Deputy Country Director Nilgün Felchner said: “I believe in the power of education and its ability to change lives. All finalists of the Alumni Awards 2019 have used the education that they received in the UK to gain success in their career paths, to advance themselves and to shape the world around them.” The Study UK Alumni Awards are open to alumni currently residing in any country outside the UK, who have studied in the UK, at an officially recognised provider of UK university degree level study for a minimum of a term or semester, or who have been awarded a full UK degree level qualification (or higher), by a UK university, within the last 15 years.

LAW CLINIC REVAMP

Southampton’s pro bono law clinics have recently undergone a revamp to make them even more visible and beneficial to clients and student interns.

Each clinic session will now last 30 minutes – 10 minutes longer than before – allowing the law student interns more dedicated time to liaise with the solicitors about their cases.

The new-look Law Clinic combines the previous three clinics – Employment, Housing and Family – in one encompassing structure that will continue to offer free, confidential legal advice to University staff and students.

Dr Claire Lougarre, academic lead of the Law Clinic, said: “The Southampton Law Clinic offers our law students the chance to gain practical legal experience in conjunction with legal practitioners during the course of their LLB.

The revised Law Clinic will give them a real opportunity to chat through the individual cases with the solicitors. This will give them an even better idea about what the job entails and how to deal with a client in a real life one-to-one situation.” lawclinic@soton.ac.uk

FINAL YEAR LAW STUDENT WINS WRITING CONTEST

INSPIRING DIVERSE GREETINGS CARDS

Michelle Tong, a final year LLB student, recently won a writing contest on the subject of intellectual property (IP).

Southampton LLB Law student Avila Chidume is hoping to overcome stereotypes and change the world’s perception – one greeting card at a time.

The competition was organised by Dr Eleonora Rosati, Associate Professor in IP law at Southampton, and was aimed at students enrolled on the Year 3 LLB IP module. The contestants were challenged with analysing and commenting on the practical significance of a recent European Union Intellectual Property Office Opposition Division decision concerning an opposition to the registration of the figurative sign PAPADIABLO as an EU trademark for well-known alcoholic beverage mezcal. Michelle was awarded first prize for her insightful analysis of the content of the decision and its implications. Her contribution has been published as a Current Intelligence note in the international peer-reviewed Journal of Intellectual Property Law and Practice. Michelle said: “Taking part in the writing contest was an excellent opportunity to consolidate my knowledge on trade marks by practicing on a real case and receiving feedback afterwards. Writing the case note required me to correctly identify pertinent legal issues and display my analysis in a clear and succinct manner.

In response to a lack of diversity among greeting cards, Avila has created her own range of personalised cards using her original artwork to represent marginalised groups and ethnic minorities. She said: “I love giving Mother’s Day and Father’s Day cards, but can never find something personal for my parents. The earliest gift I can remember getting my Mum was a Happy Mother’s Day mug depicting a white mother and her kids which didn’t look like me or my mother, which is fine, but there was no personal element to it for me and that’s what I’m trying to bring out through my cards. “I am trying to create something that goes against the mainstream depictions which don’t really represent the true, authentic realities that people are living. It’s not just race, gender or sexuality, I’ve also focused on mental health. The best and only way to remove stigma is by acknowledging the importance of representation.” Avila’s cards are available from: www.etsy.com/uk/shop/AvilaDianaArt

“I am very grateful for this opportunity and would definitely recommend students taking advantage of any future contests. It was a highly rewarding experience, and knowing that my work has been published in a peerreviewed IP journal will serve as a highlight of my time at Southampton.”

HUMAN RIGHTS AWARD FOR SOUTHAMPTON ALUMNA Former Southampton Law student Hay-Ching Tang has been awarded the Humanitarian Aid Relief Trust (HART) Prize for Human Rights Senior Creative Competition 2019. Hay-Ching graduated from the International Legal Studies LLB last year and works as a Research Consultant at thenewguys recruitment company. She won the prize for her piece on the persecution of the Rohingya people

that changes based on the perspective of the viewer. The HART Prize for Human Rights is a competition for young people who are interested in global issues. She was presented with her award by Baroness Caroline Cox, HART Founder and President. Hay-Ching said: “I am absolutely overwhelmed and over the moon to have been awarded the HART Prize at such a poignant and thought-provoking event.”

Feature

REFLECTING ON 100 YEARS OF WOMEN IN THE LAW One hundred years ago the first women were allowed to begin the process of qualifying as lawyers, to become magistrates and eventually aspire to be members of the UK judiciary. Lady Hale, the first female President of the Supreme Court, reflected on this significant historical occasion and the subsequent rise in the role of women in the legal system, in a recent lecture at Southampton Law School. Hundreds of law professionals, staff and students gathered at the Law School to hear Lady Hale reflect on the struggle for women to be allowed to practise law in the UK. Giving the Centre for Law, Policy and Society (CLPS) Annual Lecture, she detailed the challenges faced by these women a century ago as they fought to be allowed to qualify as lawyers. Lady Hale, who is celebrating 50 years since she was first called to the Bar, also shared with the audience the equality issues that are still facing the profession today. She said: “We are here to celebrate 100 years since women in the UK were allowed to join the legal profession and become magistrates and eventually judges. The guiding principles of law are justice, fairness and equality, and these values should be visible, not only in our law, but also in the lawyers who administer it. “There are many ways in which women’s lives are different from men’s and their experience is as valid and important in shaping the law as is men’s. We are half the human race, after all.” Lady Hale said that despite the progress of these early pioneers, the increase in women joining the profession was very slow for the first 50 years, until the 1970s when the number of women studying law began to increase, so that there are now more women than men qualifying as solicitors and barristers.

However, even today, the proportion of women to men reduces the higher up the hierarchy you go – fewer partners, QCs and senior judges. Her message was that we need to recruit people from many walks of legal life into the judiciary at all levels, as the law may be enhanced by a greater diversity amongst its practitioners. The CLPS Annual Lecture is one of the many ways in which the Centre facilitates interdisciplinary dialogue amongst legal scholars, students, policymakers and practitioners on questions of law, policy and society, and how they relate to pertinent issues of the day. Previous speakers have included the former Chair of the Parole Board for England and Wales, Professor Nick Hardwick. Professor Brenda Hannigan, Head of Southampton Law School, welcomed Lady Hale saying: “Lady Hale is a great inspiration to us all. She has had the most outstanding career and I want our students in the audience, not only to be inspired by her, but also to think about the hard work, the commitment, the dedication and the perseverance that it takes to build a career like that.” Dr Alun Gibbs, Co-Director of CLPS, said: “It was wonderful to see so many people attending Lady Hale’s very interesting lecture that shed light on the historical struggle for professional recognition by women in the law, and demonstrated the difference that recognition has made to the shape of law in society.”

" There are many ways in which women's lives are different from men's and their experience is as valid and important in shaping the law as is men's." Lady Hale, President of the Supreme Court 6

Lady Hale

Spotlight on...

Dr Jacob Eisler is an Associate Professor of Public Law and is also Co-Director of Postgraduate Research.

Professor Uta Kohl is a Professor of Commercial Law and Director of Postgraduate Programmes.

What was it about the University of Southampton that made you want to work here?

What is your area of research?

“Law at Southampton is committed to both interdisciplinary creativity and doctrinal rigour, which means there’s an appreciation for breadth of styles and respect for getting legal answers right. Because of the complexity of the law, it’s a hard balance to strike, and nowhere does it better than Southampton. There’s a strong appreciation for thinking about law across jurisdictions; and as someone who works on both US and UK law that’s really important.” What is your area of research? I primarily work in the area of law of democracy and elections, with a particular interest in the law of corruption and campaign finance, as well as the judicial oversight of political institutions. It’s fantastically interesting because you get to look at the basic building blocks of political and social organisation; but it’s also practically satisfying, because you get a view of what actually happens in democratic life. Because of the complexity of the area, the analysis is pretty challenging- but it never gets boring! What do you enjoy most about your work? Both cutting-edge research and introductory lectures yield their own rewards, in some ways they are the two bookends of being an academic. We are trying to make new discoveries and trying to present established bodies of knowledge in a way that is accessible to a large number of students. What sparked your interest in Law? I think law is really important. It is the science and art of how people live together in society; how disputes are resolved by those who share a community; and how philosophy, political theory, sociology, and other such disciplines are put into action by government. The building blocks of law are cases and legislation and I’ve always enjoyed reading texts and extracting new patterns from what they tell us. When you find something that you find both very enjoyable and profoundly important, I encourage you to stick with it! What has been the highlight of your career so far? One of the most satisfying things is when you write something and after a while a positive reception and impact starts to filter back to you. Some of my work on law has been referenced by briefs submitted to the US Supreme Court which has been very exciting.

My research falls broadly within two lines of inquiry: internet governance and corporate governance. Within both areas, I am interested in the global dimension of governance, the relationship of states and multinational corporations, the interactions of private and public international law, and the outsourcing or delegation of regulatory responsibilities to private actors. In the context of internet governance, I have written on jurisdictional questions in the online context, that is who is entitled to regulate what online activity, and also on the use of intermediaries as regulatory vehicles. Have you received any significant grant funding? I got a grant from Google in the lead up the European Court of Justice decision on the right to be forgotten in 2014. Google invited me to do further work on the global dimension of internet governance in response to which I offered and then organised an interdisciplinary symposium on the subject. I later edited and published a collection of essays of some of the papers presented at the symposium. What is the potential impact of your research? My writing on internet governance has been well received beyond the academic community and been significant for private actors, such as the big online providers including Google, in positioning and framing their national legal responsibilities arising from their global activities. I’ve also been acting as the co-opted Human Rights Trustee on the Board of Trustees of the Internet Watch Foundation since 2014. This is a charity that works together with industry in taking down child abuses images off the internet. What do you enjoy most about your work? I enjoy the mix of people and books, students and staff, ideas and routine, writing and talking, sitting and walking. I love it when I come to see and understand patterns of ‘behaviour’, in law creation and adjudication, but I also like it when I can make students understand something complicated and intricate. There is nothing better than seeing the light bulb over their heads come on.

EXPLORING THE RISE OF DATA-DRIVEN PERSONALISATION When Netflix released House of Cards as its first original content, the series was accompanied by 10 different cuts of its trailer and subscribers were sent different versions of the trailer depending on their prior viewing habits. Three years later, in the lead-up to the Brexit referendum, the official Vote Leave campaign commissioned 1,433 customised Facebook adverts to combine pro-Brexit messages with ones that tapped into people’s apparent passions, desires or fears. This data-driven personalised profiling of people to deliver a customised or personalised service, advert or legal response is an increasing phenomenon that touches upon many legal disciplines. Three academics from Southampton Law School have joined together to host an interdisciplinary workshop that will explore the topic and the many issues that it raises. Professor Uta Kohl, Dr Jacob Eisler and Professor James Davey all have an interest in this field and have carried out previous related research. They want to bring that experience together to further explore the impact of artificial intelligence (AI) and personalisation. The event is entitled Data-Driven Personalisation in Markets, Politics and Law, and will explore the pervasive and growing phenomenon of personalisation.

Uta said: “We thought the conference would be a great opportunity to explore a common interest in AI that crops up in various contexts including policing, judging, insurance, and micro-targeting in the commercial and political arenas.” “This important emerging area of law goes well beyond data protection law, raising questions for criminal law, consumer protection, competition and IP law, tort law, administrative law, human rights and anti-discrimination law, law and economics, and legal and constitutional theory.” The workshop, is aimed at law academics, political scientists, computer scientists, industry and government reps and students, and it is planned to publish a collection of short essays on the most compelling contributions from the workshop.

Spotlight on...

Dr Filip Saranovic is a Lecturer in Maritime and Commercial Law. He is the LLM Admissions Tutor and is also a member of the governing board of the Institute of Maritime Law (IML). What is your role?

What is the importance of the IML?

There are three main elements to my job - research, teaching and enterprise. I teach both undergraduate and postgraduate students, and my research is focused on cross-border commercial litigation with a special focus on equitable relief. This area of the law is concerned with issues such as the jurisdiction of the English courts in cases involving a foreign element. These high-value, multijurisdictional cases form the largest proportion of the work of the Commercial Court in London with the effect that this court has been recognised as a leading international centre for the resolution of disputes.

Members of the IML are at the cutting-edge of maritime law research and provide the highest quality training for industry professionals and the legal sector. They also generate a significant number of enterprise activities in the Law School.

My research has been published in prestigious academic journals, such as the Civil Justice Quarterly, and presented at numerous academic and industry-related conferences. From an academic perspective, my research has contributed to a deeper and more sophisticated understanding of equitable relief in international commercial litigation. From a practical perspective, in the future, it may lead to a greater degree of equality between the parties and a level-playing field in international commercial litigation. I also co-ordinate the IML practitioner lectures - a seminar programme with expert visiting speakers who share their experience with the LLM students. The general theme is practical knowledge helpful to lawyers, how the law operates in real life and an insight into the various professions involved in the maritime, commercial and insurance sectors. Did the IML attract you to work at Southampton? The opportunity to work together with the leading experts in my field of research, was a key attraction to joining Southampton five years ago. Coupled with a friendly and supportive working environment, it is a great place to be.

IML research is regularly published in the most prestigious academic journals, such as the Lloyds Maritime and Commercial Law Quarterly with an international audience. Furthermore, members of the IML are frequently invited to participate in international conferences around the world on the topical issues in maritime law. In November 2018, members of the IML provided expert evidence to the House of Lords European Union Select Committee as part of the committeeâ&#x20AC;&#x2122;s Inquiry on Future EU-UK Transport Arrangements. What do you enjoy most about your work? I love working with students and inspiring them to generate new ideas in commercial and maritime law. . Students at Southampton Law School are very keen to conduct independent research and engage in lively debates with the academics. This motivates me to expand the scope of my own research to new areas of the law and develop greater expertise across different subject areas. What has been the highlight of your career so far? High among my highlights is receiving an award for best pastoral care from the Studentsâ&#x20AC;&#x2122; Union in recognition of my efforts to help students.

SOUTHAMPTON’S INSTITUTE OF MARITIME LAW – the past, the present, the future More than three decades ago, the Institute of Maritime Law (IML) was founded to focus on an existing interest in maritime and international trade law that had been an important feature of law at Southampton for approximately ten years. Now the IML is internationally recognised and is influencing maritime law across the globe. Here we look at how the IML came about, why it was founded and its impact on the past, present and future. History of the IML The IML was established in 1982 to bridge the gap between academic research and industry in the maritime sector. Thirty seven years later, the work of the Institute and its members is universally recognised as influential worldleading research, and its writings are seen as essential inclusions in every shipping law library. Changes in the shipping industry The last three decades have seen a great deal of change in the shipping industry and the legal framework in which it operates. We are now experiencing a brand new world where passengers and cargo ships, platforms and off-shore vessels, are plying a sea swimming with a new and complicated network of norms, regulations and international best practices. The IML has strived to further legal research and scholarship in maritime law, while playing a pivotal role in hard and soft law reform at national, European and international level.

Close connections are maintained with leading maritime lawyers, academics, maritime law associations, government and international organisations based all over the world, and its members also undertake consultancy on all aspects of maritime and shipping law and have been commissioned by a large variety of bodies, associations, corporations and law firms to advise on UK, foreign and public international law. Providing excellent training The Institute has a reputation for delivering excellent training and runs a large variety of courses and seminars around the world for private companies, individuals working in maritime law, and for LLB and LLM students. Its Maritime Law short course has been providing innovative maritime law training to delegates from around the world for the last 45 editions. As the only comprehensive residential course available on maritime law in the UK, the course combines a top quality learning environment with world-leading expertise.

The IML today The Institute has established an international reputation. It maintains the specialised Philippa Kaye Library, which contains a wide range of maritime law materials and welcomes academic visitors from all over the world for research stays.

Donald O’May Lecture The Donald O’May Lecture has been a flagship event of the Institute for more than 30 years, and is a forum for the academic delivery of authoritative and challenging papers of interest to practitioners. This year’s Lecture will take place on 6 November and will be held at the Law Society, in Chancery Lane.

SUPPORTING MENTAL HEALTH

A group of Southampton Law School students have been recruited by Southern Health NHS Foundation Trust to take on the vital role of becoming Mental Health Act Review Managers (MHARMs). The MHARM is a statutory role undertaken on behalf of the Trust Board and is a crucial patient safeguard under the Mental Health Act 1983. They will conduct independent hearings to review the detentions of patients under the Act. The pro bono positions have been taken up by 10 students and have come about through Southampton alumnus Siven Rungien, who is now the Trust’s Mental Health Act Manager, and wanted to give something back to the University. He said: “I really believe in the covenant between Southampton Law School and its students in doing its best to ensure that the students are as capable and as prepared as possible for entering the world of work and, of course, the legal profession.

“In participating in an appeal panel and making a legally binding decision, students will further develop a number of legal skills required to bridge the gap between academic study and practice. “The students who have joined the programme so far are a real credit to the School – they are articulate, mature and have shown a great understanding of the legal, ethical and moral issues that come within this role.” The MHARMs’ hearings are organised when patients apply for them or may be held at the discretion of the hospital managers. As well as providing comprehensive training for the MHARMs, the Trust holds four MHARMs’ Forums per year that give MHARMs the opportunity to get together, discuss practice issues and receive further training.

LLB student Will Timbrell is one of the new MHARMs. He said: “From a development perspective, the role provides an opportunity to take on significant responsibility, work with others to agree on a decision and experience a real-life problem question. It also provides a sense of accomplishment from using skills developed over the course of the degree to have an impact on people in a vulnerable position.” Emily Raad, an LLB International Legal Studies undergraduate, added: “I was very eager to become an MHARM because it seemed like a fantastic opportunity to explore other areas of law that I hadn’t previously had the opportunity to study. It also seemed like a great way of applying the skills I have learnt throughout my degree to real life situations. I believe this will enrich my studies and give me practical experience that I can apply when solving problem questions in exams or essays.”

SOUTHAMPTON ALUMNUS FUNDS NEW RESEARCH CENTRE Southampton alumnus Mr Stefan Cross QC (Hons) has funded a new research centre at Southampton Law School that is the first of its kind in the country. The Stefan Cross Centre for Women, Equality and Law (SCC) aims to raise awareness of discrimination against women and girls, investigate the causes of this discrimination and seek effective solutions. The Centre’s academics and doctoral researchers are carrying out research into the social, cultural and legal issues associated with gender discrimination to identify what needs to change to reduce the problem. To inform policy, drive change and help reduce discrimination, this research will be disseminated through a variety of channels, including academic publications and government consultation processes. Stefan Cross graduated from Southampton in 1982 and went on to become one of the UK’s leading employment lawyers. He has secured compensation for thousands of women including the ‘Cleveland Dinner Ladies’ case in 1995 when Cleveland County Council paid out millions of pounds in compensation to women who had been paid less than men in equivalent roles. More recently, Stefan has helped around 16,000 council workers in Glasgow reach historic settlements totalling £500m with their employer after more than 12 years of equal pay litigation. He is one of only around 20 solicitors to be appointed as an Honorary QC, which he received for his work in pursuing equal pay cases.

Stefan Cross QC

Throughout his legal career, Stefan has been a generous supporter of the University, funding a bursary scheme to support Law School students to progress their studies, regardless of their financial background. His generous donation has now allowed the creation of the SCC. Stefan launched the Centre with a distinguished lecture about the Myths and Legends of Equal Pay. He said: “My interest in gender equality comes from my background; my mother suffered considerable injustices when she was bringing us up and I wanted to do something about it. I saw the jobs she did that were incredibly difficult and incredibly badly paid and under-valued, and that’s the message that I’ve been trying to get across for 30 years, women have been undervalued. “I’ve made this donation because I believe that the law can play a significant role in changing women’s lives and I wanted to put the issues of gender equality as legal subject back on the agenda. I also want to see a community that can try to effect change; like-minded spirits should be joined together because together they make a much stronger force.” Centre Director, Dr Sara Benedi-Lahuerta, said: “Stefan Cross's work and inaugural lecture are providing inspiration for the Centre's research in the field of equal pay and the gender pay gap.”

Dr Sara Benedi-Lahuerta

Feature

SOUTHAMPTON MOOTING SUCCESS Members of Southampton Law School’s Mooting Society have been enjoying a series of recent successes. The Society offers Law School students the opportunity to take part in internal, national and international competitions to expand their knowledge and build a valuable network of peers and contacts across a range of law institutions. Mooting Society President Boykin Smith said: “The Society is a network of enthusiastic mooters providing the best mooting opportunities for Southampton students. This year we have arranged entry into many competitions and are proud to witness amazing achievements by our mooters.” Gujarat International Mooting Competition Southampton’s mooting team was the only international team to win through to the final of the Gujarat National Law University’s 11th Annual Moot Court (GIMC) finals that were held in Ahmedabad, India, earlier this year. It was the first time Southampton had got through to this stage of the competition and they were challenged with debating the issue of whether or not contentious transnational transactions and export

duties, pertaining to the cobalt industry, were prohibited subsidies inconsistent with World Trade Organization law.

Boykin said: “This was a huge achievement and an amazing opportunity to delve into a timely area of law for UK students.

The team, consisting of oralists Boykin Smith and George Laidlaw, and researcher Dillan Madhani, eventually came in at fifth place, being knocked out by the competition runners-up – the National University of Advanced Legal Studies, in Kochi.

“The competition was intense and enriching for our research and mooting skills and we are very grateful to the Law School for this opportunity and believing in such a uniquely diverse team.”

Students Boykin Smith and George Laidlaw

Lord Briggs with the Law School's mooting finalists and winner Caroline Jackson

University of Southampton Mooting Society’s Annual Internal Mooting Competition Four of the Law School’s outstanding students battled against each other in the final of this year’s Internal Mooting Competition held at the Supreme Court in London. The finalists presented their arguments in front of Lord Briggs of Westbourne – a Justice of the Supreme Court. The moot problem was authored by Southampton Professor of Contract and Commercial Law James Davey. The legal issues were whether the formation of a contract via an exchange of e-correspondences should be construed through the doctrine of ‘offer and acceptance’ or a holistic enquiry into the parties’ intentions.

LLB Year 2 student Caroline Jackson was the winner of the competition. Caroline is a very active member of the Society (she has recently been elected next year’s President) and has vast experience in national competitions. She said: “It was a privilege to have the chance to moot in the Supreme Court. I’ve visited it before but certainly didn’t think I’d be back to speak there any time soon and not in front of Lord Briggs! We got a sense of the immense amount of work that the Supreme Court handles. At the same time, it was reassuring to learn how human everyone there actually is. “It was a moot experience unlike any I’ve had before, and my thanks go to everybody there who generously made it possible. It gave me much to think about to improve my advocacy as I try to head on to a career at the Bar.”

Landmark Chambers Property Moot Competition Two LLB Year 2 Southampton students - Caroline Jackson and Aljaz Mihelic - advanced to the semi-finals of the Landmark Chambers Property Moot Competition that was held in London at the beginning of the year. They really enjoyed the opportunity to develop their understanding of property law and were beaten by runners-up Queen Mary University of London. ESU Essex Court National Moot Competition Two Southampton Law students Sophie Cole, LLB Year 2, and Lauren Winser, LLB Year 1, advanced to the semi-finals of the ESU Essex Court National Moot Competition. which will be held at Dartmouth House.

TACKLING THE CONSEQUENCES OF CONTROVERSIAL SENTENCING A Southampton researcher is working with the Prison Reform Trust to tackle the damaging consequences of the controversial indeterminate Imprisonment for Public Protection (IPP) sentence on prisoners and their families. The project first involved empirical research by Dr Harry Annison, from Southampton Law School, and Dr Rachel Condry, from the University of Oxford. The findings from this initial research were presented at the Houses of Parliament to senior representatives of the Parole Board, HM Prison and Probation Service, Ministry of Justice and the House of Commons Justice Committee. The initial findings made clear the need to address the difficulties faced by families of IPP prisoners. Despite welcome recognition by government and relevant organisations of families being the ‘golden thread’ that often supports rehabilitation, the research showed that much more needed to be done to ensure that families of people serving IPP sentences have the information and appropriate support that they require. Their findings included: • Families reporting significant material effects such as financial costs • The disruption caused to family relationships • Significant negative health effects caused by stress and anxiety

The current project, which is co-funded by the Prison Reform Trust and the Economic and Social Research Council, enables Harry and Rachel joined by Senior Research Assistant Christina Straub - to examine in more detail the specific issues faced by families of IPP prisoners, and take steps to address the issues they identified. Harry said: “Our initial research highlighted numerous practical difficulties faced by families of IPP prisoners, many of which will benefit from further investigation. Our findings made clear the considerable challenges faced, and the pains experienced, by these families, and others involved in providing on-going support to their relatives. “The families were keen to be seen as part of the solution and to have their role in the support and rehabilitation of the person serving an IPP sentence recognised. We hope that this follow-on project will help families to do so. We are particularly pleased that relevant organisations including the Parole Board for England and Wales have engaged so constructively with us in seeking to achieve positive change in relation to the ongoing effects of this discredited sentence, which continue even after its abolition in 2012.”

• Uncertainty created by open-ended IPP sentences, leaving families feeling they were serving the sentence along with their relative • IPP prisoners and their families living in constant fear of recall after release

REFORMING MALTESE TENANCY LAW A Southampton Law Lecturer, who played an instrumental part in a landmark case by a group of council tenants against the Irish State, has been using his expertise to help reform residential renting law in Malta. Mark Jordan was invited to take part in the project, where he met with policymakers to discuss potential reforms in Maltese renting law. Mark was previously part of a small team that provided legal support to Irish tenants in their successful claim about poor housing conditions and other issues on local authority housing estates. Maltese policymakers are interested in legal developments in the UK and Republic of Ireland as the Maltese private rented sector was deregulated in much the same way as in the UK and Republic of Ireland. Recently, households in Malta have struggled due to acute house price and rent inflation and policymakers are considering introducing legal regulations that limit rent increases and extend tenant protections against eviction. 16

Mark presented a paper titled Reform, and Virtual Reform, of Residential Tenancy Law in Britain and Ireland which gave an overview of recent reforms that have regulated rents and extended tenant protections against eviction. He said: “It was great to see that following the workshop, the Maltese government published a white paper proposing the extension of tenant protections which incorporated the discussions and some of the papers presented at the workshop.”

PROTECTING OLDER PEOPLE’S WELL-BEING Older people may suffer physical injury, mental health problems, damage to their property or economic loss, due to a carer, doctor, member of the police force, service provider or another individual who has a duty of care towards them, failing to perform their duty as diligently and effectively as the law requires. The well-being of elderly people and the law of negligence will be the focus of a seminar series being held by Dr Haris Psarras, from Southampton Law School, Dr Nele Van Der Wielen, from the Department of Gerontology and the Economic and Social Research Council (ESRC) Centre for Population Change. Three seminars will explore the various types of harm that can negatively affect older people’s well-being and will also look into ways in which the law of negligence can be used more effectively to duly redress harms by the wrongdoer or public bodies. External and internal speakers will discuss how accountability mechanisms can be developed to tackle potential breaches of care by professionals towards older people.

The series will run until May 2020 and aims to: • deepen understanding of key types of material, physical and psychological harm suffered by elderly people due to others’ neglect of them • explore ways in which the law of negligence can develop in order to contribute to eliminating, minimising or redressing such harms • trigger developments in the law of negligence that would increase the number of successful lawsuits involving harm being caused to older people in England and Wales • contribute to the effective management, redress, reduction or removal of elderly well-being impediments within the law of negligence

Haris, a Lecturer in Law, said: “The vulnerable deserve more care and, those among the vulnerable who suffer graver consequences when others do not give them the care they deserve, would benefit from more effective legal remedies.” Teresa McGowan, Research Manager at the ESRC Centre for Population Change, added: “The seminars bring together academics, practitioners and public representatives who are engaged in making and applying law to protect older people. By creating this forum we aim to increase communication between the groups, improving mutual understanding and making knowledge more useful for all.”

• increase the effectiveness of qualified legal practitioners’ services to older people in England and Wales 17

INVESTIGATING VULNERABILITY OF EU NATIONALS POST-BREXIT Collaborative research by Law and Politics at Southampton has revealed that the Polish community in the city feels more vulnerable following the Brexit Referendum. Dr Sara Benedi-Lahuerta, Lecturer in Employment Law, has been working with Dr Ingi Iusmen, a Lecturer in Governance and Policy, exploring the impact of the Referendum on the Polish nationals living in Southampton. Their research has shown that the aftermath of the Referendum triggered heightened vulnerability among these EU nationals in four ways: • a substantial rise in the level of hate incidents in the weeks preceding and immediately after the vote • an increased sense of being different that contributed to their fear and anxiety of being treated differently post-Brexit • feeling ‘unwelcome’ by British society due to the migration-centred media and public discourse that dominated the Referendum campaign • uncertainty about their future legal status, including their right to reside in the UK and their entitlement to access social rights

Sara and Ingi are currently drafting a policy paper on the results of their research and have recently held a workshop that sought to raise awareness about the project findings and gather feedback from key stakeholders on potential policy recommendations. Sara said: “Our research showed that the Brexit Referendum has created a ‘hostile environment’ that has led Polish – and generally EU nationals - to subjectively feel unwelcome, and to perceive that their national origin, foreign names, or foreign accent, may now start to be a problem – or a greater problem than before – in their dealings with UK institutions and in social interactions, both in the private and the public sphere. “Drawing on insights from Polish nationals and other interested parties who took part in our study, we propose several policy and local-level initiatives aimed at reducing the subjective vulnerability of EU nationals living in the UK.”

The recommendations include: • providing mental and emotional support services and helplines to address the widespread vulnerability • giving more legal clarity and certainty about the status of EU nationals to address their apprehension and anxiety about the future • collecting and publishing more up-to-date data, particularly on hate crime, as well as undertaking more research on the vulnerability of EU nationals • raising awareness of EU nationals’ legal and social rights to ensure they access existing resources • raising awareness about what hate crime is and how it can be reported • raising the profile of services provided by the Citizen’s Advice Bureau and other advice agencies • organising local level initiatives to create a sense of community between UK and EU nationals • increasing awareness among Britons of the legal and policy challenges and psychological distress experienced by EU nationals

BEST-SELLING AUTHOR SPEAKS AT SOUTHAMPTON WORKSHOP Renowned author Nicholas J McBride’s newly-published book The Humanity of Private Law presents a new way of thinking about private law, arguing that English private law’s core concern is the flourishing of its subjects. Academics from Southampton Law School got the chance to discuss with the best-selling author of Letters to a Law Student about his new monograph at a special workshop exploring concepts, arguments and themes from the book. Nicholas, a Fellow of Pembroke College, University of Cambridge, introduced delegates to the concepts of his book and led debates about the issues it presents. The workshop also featured key talks by Professor Sarah Green, from the University of Bristol, and Dr Sandy Steel, from the University of Oxford. The workshop was devised and organised by Southampton Lecturer in Law Dr Haris Psarras. He said: “This book is highly original. It invites consideration of the unity of private law, without losing sight of the diversity of private law relationships, and of the

fact that the study of private law is somewhat departmentalised in scholarship. “Another advantage of the book is that it approaches legal controversies from a philosophical perspective, stressing the potential of private law to improve our well-being and to enable us to lead rewarding lives that bolster justice, mutual respect and solidarity. “The workshop was intended to give participants the opportunity to benefit from cross-disciplinary research in law and multidisciplinary research in law, politics and philosophy; to engage in intensive critical discussion; and to build closer research links with distinguished academics from other universities. The workshop was funded by the Centre for Law, Policy and Society, and the Centre for Private and Commercial Law, based at Southampton Law School; as well as The Mind Association that publishes MIND, a world-leading journal in philosophy.

Nicholas J McBride speaking at the workshop

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