COMMON LAW

adaptability and limitations - 1983, 76/77, 22
Bland's case marking departure from - 1993, 116/117, 4
black death: development in common law trespass writs; action on the case - 2022, 188, 38
blasphemy as a common law crime - 2000, 145, 6
Canon law, how does Common law relate to this; secular legal systems can take jurisdiction if church fails in duty (review article) - 2019, 182, 25
common law defence of necessity for assisting suicide, court argues blanket ban is not disproportionate (case) - 2013, 171, 116
consideration in English law, influence of canon law on - 2000, 144, 4
contracts must be made under the law of a country, not under sharia - 2008, 160, 67
courts, common law and church, history and conflict between the two - 2011, 166, 52
custody and possession of body or ashes after death or disinterment: legal principles - 2014, 173, 145
debate over whether the presumption of public benefit for religious charities existed in common law - 2017, 178, 57
development of common law - 2008, 161, 75
divorced father wants Orthodox single-sex education for children, mother upheld in wanting co-ed school, court won't pass judgment on religious beliefs if not incompatible with human dignity (case) - 2013, 170, 118
English law (1944) of trespass, defamation & protection of property - 2003, 150, 10
exorcism, law on, in Britain compared to New Zealand and the USA - 2018, 180, 51
gender reassigned persons excluded from the obligation of clergy to marry residents, special provision in Equality & Marriage law - 2015, 174, 96
influence of canon law on secular common law in England & differently in Scotland - 2017, 178, 37
inherent principles of non-discrimination - 1970, 28, 109
jurisdictional boundaries between canon & common law in English reformation (Christopher St German) - 2018, 181, 189
labour law legislation in response to shortages caused by the black death (14th century) - 2022, 188, 38
law on 'custody & possession' of a body used to indicate cremation or incineration; debate on property in ashes & who can determine disposal - 2014, 173, 145
legal systems that hold all men equal compared to police states/Nazi regime - 2003, 150, 10
'legitimate expectation' in Common law and comparison to canonical administrative recourse - 2019, 182, 25
Milsom's critique of Maitland on origins of and influences on development of Common law - 2018, 180, 21
no general doctrine of Good Faith in English contract law - 2000, 144, 4
no property in a body: issues addressed in Anatomy Act, Human Tissue Act, Human Fertilisation & Embryology Act - 2014, 173, 145
O'Sullivan, Richard, on advantage of Common law over parliamentary sovereignty - 2013, 170, 19
'pacta sunt servanda': canon law influences on English contract law - 2000, 144, 4
pre reformation equitable jurisdiction encroached into common law; St German stated divine law also in common law thus usurping the church - 2018, 181, 189
priests incardinated in UK & Ireland, do experiences show Canon law upheld?; are failings due to Canon or Common law? (review article) - 2019, 182, 25
Protestant England (early) saw natural law (& Christianity) as a legitimate source of common law - 2019, 179, 117
regulation of doctors by GMC, compared to the canonical & common law treatment of incardinated priests by Bishop (review article) - 2019, 182, 25
religion as defined in common law required 'worship' but Supreme Court 'Hodkin' ruling disregarded this - 2020, 185, 155
similarities & differences between Canon and Common law systems; case studies showing where both fall short (review article) - 2019, 182, 25
statutory definition of religion in charity law; widened from common law one - 2017, 178, 57
third world, influences on the - 1990, 104/105, 20
underlying spirit of systems - 1969, 23, 59
values & moral vision underlying common law; O'Sullivan & McBride - 2020, 184, 7
vicarious liability tests: diocese wins claim that religious institute should share liability for sexual abuse of school boys - 2012, 169, 246; 2013, 170, 113
what is it? - 2001, 147, 79
Canada
voluntary religious association, expulsion of members of; court rules no contract so no jurisdiction (case) - 2021, 187, 170
Wales
Church in Wales disestablished for ecclesiastical law but not common law; leaving obligations for marriages & burials with no capacity to amend - 2015, 174, 96

Published by:

The Edmund Plowden Trust