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  1. Summer 2009
Law Research

Summer 2009

In this issue you'll find all of the details of the latest legal research from across the School.

RE: LAW also features regular spotlight sections, highlighting key pieces of legal research. In this issue Penny Cooper, Director of CPD and Associate Dean of Knowledge Transfer for the School, talks about the changing role of training for Expert Witnesses.

You can also find information about research projects and opportunities on the CLS research blog, which has open access rights to enable the School and the wider academic / legal community to share ideas and information. Log on today at to review or add research content.

Kind regards,

Professor Lorna Woods

Associate Dean for Research, The City Law School

PS: Got some research news that you want to share with us, then email and we'll included it in the next issue!


Expert Witness: A Question of Professional Trust

Following recent scandals, public confidence in expert witnesses has been severely undermined. For CLS's own Penny Cooper, the answer lies in better training and a more professional approach, and she is personally leading the way.

The starting point for Penny Cooper's research was to mail out a questionnaire to thousands of expert witnesses in fields as varied as medicine, ballistics, family, engineering and architecture as well as to judges and lawyers to find out about their experience and attitudes, and the results were revealing.

The headline figure on training was that while 80% of respondents had taken part in training of some kind there was still a significant minority, around 22%, who had not.

Although there are several membership bodies for expert witnesses only the Expert Witness Institute actually demands training before admission. More about this research and its findings, are available in the Spring 2009 edition of In Law magazine.

For full details please email


Sue Arrowsmith and Peter Kunzlik, Social & Environmental Policies in EC Procurement Law (Cambridge University Press 2009) featuring inter alia chapters by Professor Peter Kunzlik, Dr Nick Hatzis and Dr Dan Wilsher

Oliver Castendyk and Lorna Woods, "Definitions (TWFD) in Castendyk, Dommering and Scheuer (eds) European Media Law (Wolters Kluwer 2008)

David Collins, 'Efficient Breach, Reliance, and Contract Remedies at the WTO' (2009) 43:2 Journal of World Trade 225 - 244

David Collins, 'Reliance Based Remedies at ICSID' (2009) 29 Northwestern Journal of International Law and Business 101-122 (Winner of a City University Staff Research Prize)

Elizabeth Cruikshank and Penny Cooper, All you Need to Know about being a Trainee Solicitor (Longtail, 2008)

Omer Elagab, 'The Darfur Situation and the ICC : An Appraisal' (2008) 1(3) Canadian Journal of Politics and Law 43-60

Omer Elagab, 'Indicting the Sudanese President by the ICC: Resolution 1593 Revisited' (2009) International Journal of Human Rights

Catherine Elliott and Claire de Than, 'Restructuring the Homicide Offences to Tackle Violence, Discrimination and Drugs in a Modern Society' (2009) 20(1) King's Law Journal 69

Jesse Elvin, 'The concept of consent under the Sexual Offences Act 2003' (2008) 72(6) Journal of Criminal Law 519-536

Jesse Elvin, 'Intoxication, capacity to consent, and the Sexual Offences Act 2003' (2008)19(1) King's Law Journal 151-157

Nick Hatzis: 'Neutrality, Proselytism and Religious Minorities at the European Court of Human Rights and the US Supreme Court' (2009) Harvard International Law Journal

Adam Lazowski and Susan Nash, 'Detention' in Keijzer and van Sliedregt' (eds) The European Arrest Warrant in Practice (Springer 2009)

Lorna Woods, EU Law(10th edn, TMC Asser Press 2009). With contributions from Dan Wilsher and Nick Hatzis

Ian Loveland, 'A tale of two trespassers: reconsidering the impact of the Human Rights Act on rights of residence in rented housing: part one' European Human Rights Law Review (2009).

Ian Loveland, 'How do I kill thee? Let me count the ways. The constitutionality of lethal injection as a method of execution in the USA' (2009) Public Law

Lorna Woods: 'Jurisdiction in the Television without Frontiers Directive' in Ward (ed), The European

Union and The Culture Industries (Ashgate, 2008)


Ian Loveland, Constitutional Law, Administrative Law and Human Rights (5th edn, OUP 2009)

Stuart Sime, 'A Practical Approach to Civil Procedure' (12th edn, OUP 2009)

Stuart Sime, 'Blackstone's Civil Practice" (2009 edn, OUP 2009)

Stuart Sime, 'Applications to Wind Up Companies" (2nd edm, Derek French (Ed), OUP 2009)


David Collins, 'Book Review: Constitutionalizing Economic Globalization: Investment Rules and Demoracy's Promised' by David Schneiderman" (2009) 68:2 Cambridge Law Journal231-232

David Collins, 'Book Review: International Economic Law: The State and Future of the Discipline by Colin Picker, Isabella Bunn, Douglas Arner (eds)' 2009 Banking and Finance Law Review

David Collins, 'Boilerplate: The Foundation of Market Contracts by Omri Ben-Shahar (ed)' (2009) 72:1

Modern Law Review 130-132

Penny Cooper, 'New CPD for Expert Witnesses - via podcast" EWI Newsletter Vol 12 P13 (2009)

"The Right Protocol" New Law Journal P1057 - 1058 (July 2009)

Professor Ian Loveland, 'Time for a rethink on possession proceedings? Part 1' (2008) Legal Action 26-28

Professor Ian Loveland, 'Time for a rethink on possession proceedings? Part 2' (2008) Legal Action 47-49.

Professor Ian Loveland, 'Time for a rethink on possession proceedings? Part 3' (2008) Legal Action 35-36


Penny Cooper, 'Research and Innovation in Expert Witness Training, Scholarship of Teaching and

Learning (SOTL)' (London, 2008)

Robert McPeake and Marcus Soanes, 'Whose version of the facts? Working on the margins of outsiders' stories and lawyers' theories of the case" (January 2009)

Adrian Keane, 'The Use at Trial of Scientific Findings relating to Human Memory: the difficulties in principle and practice (Peking, July 2009)

Ian Loveland, 'Current Issues in Housing Law' (Spring 2009)

Lorna Woods, 'User-Generated content' at Freedom of Expression and the Media, institute of Strategic Studies (London April 2009) (Edited collection forthcoming)

Lorna Woods, 'Regulation, Co-regulation, Self-regulation: protection of Minors - the case of the UK in the year 2009". Accompanying the transposition of the Audiovisual Media Services Directive, Saarbrucken. Organised by European Audiovisual Observatory and the Institute for European Media Law, January 2009).


David Collins was a Visiting Fellow to the World Trade Institute in Bern Switzerland in May 2009. The trip was funded by the Academic Purposes Fund of the Society of Legal Scholars.

Simon Goulding and Jesse Elvin were advisors to the All Party Working Group of House of Commons.

Candidates proposed by CLS were selected for a University Fellowship (Cian Murphy) and University studentship (Ernie Southworth and Chiara Berneri)