Wolverhampton Law Journal

We are extremely pleased to welcome you to the Wolverhampton Law Journal (WLJ). WLJ is a peer-reviewed, gold open-access academic journal published by the Law Research Centre at the University of Wolverhampton, Wolverhampton, United Kingdom (ISSN 2517-8121).

WLJ aims to contribute to the vibrant research community at the University of Wolverhampton, and equally, to the dissemination of research regionally, nationally and globally. In order to assist with the wide dissemination of internationally recognised and world-leading research, WLJ follows a complete, gold open-access policy, which allows for dissemination of research not only to academics in the UK, but also to the general public across the world. 

WLJ is an open access journal, and all articles are subject to the Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Creative Commons Licence. This means that all content is freely available without charge to the user or their institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author. For further detail on CC BY-NC 4.0, visit CC online.

For transparency and connectivity, all WLJ authors are invited to link their contributions to their individual ORCID-iD numbers.

WLJ is a Bi-annual General Law and Criminal Justice Journal with articles appearing online and in printed form in May and October each year.

2021 Winter Issue of the Wolverhampton Law Journal
Call for Papers

The Editors of the Wolverhampton Law Journal (WLJ) welcome the submission of manuscripts in English for publication in the 2021 Winter Issue. We welcome contributions from all areas of the law and criminal justice, which would be of interest to a broad audience. This Issue will be published in December 2021.

WLJ is a peer-reviewed academic journal published by the Law Research Centre at the University of Wolverhampton, the United Kingdom. WLJ is published in hard copy (ISSN 2517-8121) and online (www.wlv.ac.uk/wlvlawjournal and SSRN; ISSN 2632-1343).

WLJ is an open access journal, and all articles are subject to the Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Creative Commons Licence. This means that all content is freely available without charge to the user or their institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author. WLJ is listed on the Directory of Open Access Journals (DOAJ).

Contributions:

Contributions ready for publication (articles (between 4,000 and 8,000 words, excl. references), contemporary notes, contributions from practice, book reviews) should be submitted together with your CV and ORCID-iD to wlsj@wlv.ac.uk by Tuesday, 5 October 2021. All contributions will be subject to the normal double-blind peer-review process, upon which the editorial team will inform the authors of the outcome of the process. Authors should read and follow the House Style of WLJ.[1] 

Further Information:

Further information is available on WLJ website: www.wlv.ac.uk/wlvlawjournal. Should you have any specific queries, please do not hesitate to contact the Editor in Chief, Lezelle Jacobs on (l.jacobs@wlv.ac.uk) or at wlsj@wlv.ac.uk directly.

 

 

Inside Cover (2021) 6 WLJ

Potočnik, ‘Foreword to the 2021 Spring Issue: Three Years On’ (2021) 6 WLJ 1

Table of Content (2021) 6 WLJ 3

Articles

Abudu, ‘From Passive to Functional: The Legal Protection of People in Distress at Sea’ (2021) 6 WLJ 5

Cox and Hale, ‘“I beg to inform you …” An Analysis of the Governor’s Journal 1871-72 of Major R.F. Hickey, Governor of Dartmoor Convict Prison’ (2021) 6 WLJ 25

Kwan, ‘Establishing Theftuous ‘Appropriation’ of Mistakenly Transferred Sum in Three Typical Scenarios’ (2021) 6 WLJ 41

Ojonugwa and Gwom, ‘The Role and Challenges of the National Agency for Food and Drug Administration and Regulation of Alternative Medicine in Nigeria’ (2021) 6 WLJ 52

Potočnik, ‘Neutral is the New Blind: Calling for Gender Segregated Evidence in UK Legislative Inquiries regarding the Music Industries’ (2021) 6 WLJ 69

Other Contributions

Walton, ‘In Memoriam: Professor Roger Gregory’ (2021) 6 WLJ 94

Book Reviews

Dunn, ‘Marie Cornu et al (eds), Intangible Cultural Heritage under National and International Law Going Beyond the 2003 UNESCO Convention’ (2021) 6 WLJ 97

Potočnik, ‘Hayleigh Bosher, Copyright in the Music Industry: A Practical Guide to Exploiting and Enforcing Rights’ (2021) 6 WLJ 102

Inside cover Inside Cover law journal (2020) 5 WLJ 1

Contents Contents

Foreword 

Feature article

Jacobs, Norris, Chambers, Burbidge, Dowding, Llewellyn, Mansfield - Safety and Justice for all! A Compilation of reflections on the Judiciary and Criminal Justice System adapting during the Covid-19 Pandemic Link to (2020) 5 WLJ 1- Featured article law journal (2020) 5 WLJ 1

Research Articles

Baister, Fiduciaries and the Financing of Insolvency Litigation: Some Legal and Practical Considerations Link to (2020) 5 WLJ 15-Stephen Baister Law Journal (2020) 5 WLJ 15

Barnes, Coronavirus: What now for the global economy and financial markets? Link to (2020) 5 WLJ 31-Mathew Barnes (2020) 5 WLJ 31

 Ellison and Jones, “Am I still on mute?” A reflection of online teaching in the Covid-19 Pandemic Link to (2020) 5 WLJ 47-Lynn Ellison and Dawn Jones (2020) 5 WLJ 47

Notes

Walton, The Lawdragon, Covid-19 and Breathing New Life into Company Rescue: The Problem Link to (2020) 5 WLJ 58-Peter Walton Law Journal (2020) 5 WLJ 58

Book Reviews

Zhang, Book Review: Virginia Torrie (author), Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act Link to (2020) 5 WLJ 63-Zhang, Book Review: Law Journal (2020) 5 WLJ 63

Inside cover Inside cover

Contents Contents

Jacobs, Foreword Foreword

Research Articles

Walton, Insolvency Litigation Funding – What Should an Insolvency Practitioner Do? (2020) 4 WLJ 1

Giabardo, Private Justice: The Privatisation of DisputeResolution and the Crisis of Law (2020) 4 WLJ 14

Cox, Rights, Responsibilities and Religion in a mid-Victorian convict prison (2020) 4 WLJ 32

Hyett, We bid you be of Hope (Again) – A Case of Sexual Consent (2020) 4 WLJ 46

Hale, Does Prison Work? A Comparative Analysis on Contemporary Prison Systems in England and Wales and Finland, 2000 to Present. (2020) 4 WLJ 64

Case Notes

Ellison, “Oh Ghosh, that’s not dishonest!” A note on the test for dishonesty. R v David Barton and Rosemary Booth [2020] EWCA Crim 575 (2020) 4 WLJ 83

Book Reviews

Dunn, Book Review: Metka Potocnik (author), Arbitrating Brands International Investment Treaties and Trade Marks. (2020) 4 WLJ 88

Table of Content Table of Content

Inside Cover Inside Cover

Potocnik, Foreword (2019) 3 WLJ 1

Articles

Denis-Smith, First 100 Years (2019) 3 WLJ 7

Ellison, Coercive and Controlling Men and the Women Who Kill Them (2019) 3 WLJ 21

Gani, Negotiating Like A Diva: Preserving Creative Autonomy in the Music Industry (2019) 3 WLJ 37

Jacobs, Legal Feminism and Insolvency Theory: A Woman's Touch? (2019) 3 WLJ 49

From Practice

Llewelyn, Celebrating 100 Years of Women in Law (2019) 3 WLJ 59

Case Note

Walton, The "Deserted Wife's Equity" - Forged in the Black Country: Bendall v McWhirter (2019) 3 WLJ 61

Book Reviews

Potocnik, Book Review: Susan Harris Rimmer and Kate Ogg (eds), Research Handbook on Feminist Engagement with International Law (2019) 3 WLJ 69

Potocnik, Book Review: Robin West and Cynthia Grant Bowman (eds), Research Handbook on Feminist Jurisprudence (2019) 3 WLJ 77

Conference Reports

Dunn, The First 100 Years Colloquium 'Celebrating Women in Law and Criminal Justice' (2019) 3 WLJ 83

Inside cover: 1. Inside cover

Foreword: 1B.Foreword

Contents: 2. Contents

Research articles

The Legal Obligations of the UK to Identify Victims of Human Trafficking by Dr Matthew Davis 4. Matthew Davis

Transitional Justice and counter-terrorism in Iraq by Dr Muhanad Seloom: 5. Muhanad Seloom

Case notes

Directors’ duty to act in the interests of creditors under section 172 of the Companies Act 2006 – Aussie Rules Gone Walkabout
BTI 2014 LLC v Sequana SA and others by Professor Peter Walton: 6. Peter Walton

Taking the wrong track? Arthur and good character directions? R (on the application of Arthur) v Blackfriars Crown Court [2018] 2 Cr App R 4 (DC) 
by Richard Glover : 7. Richard Glover

Queue Politely! South African Business Rescue Practitioners and their fees in Liquidation. 
Diener N.O. v Minister of Justice and Correctional Services and Others [2017] ZASCA 180; [2018] 1 
All SA 317 (SCA); 2018 (2) SA 399 (SCA) 
by Dr Lézelle Jacobs and Dr David Burdette: 8. Lezelle Jacobs and David Burdette

Book reviews

The Law Relating to International Banking Andrew Haynes (author) by Matthew Barnes: 9. Matthew Barnes

Insolvency Law Conference Report: 15 Years of the Enterprise Act 2002
Insolvency Reforms: Reflection and thoughts on future reform. (15 November 2018) by 10. Pride Chanakira

Types of manuscripts we accept

We accept four types of manuscripts. Please note that all submissions must adhere to the Wolverhampton Law Journal house style.

1. Articles

Articles are the feature pieces of the journal. They provide a detailed, if not seminal, analysis of the topic under discussion. Articles should have between 4000 and 8000 words (excluding references/footnotes). Special permission will have to be sought from the editors to consider pieces longer than this. All references in articles must be footnoted. Each article must be accompanied by an abstract of not more than 200 words. The abstract should summarise rather than introduce the argument of the article and should contain a list of the appropriate key words.

2. Case notes/notes/recent developments

Analyses and case notes are shorter, more focused pieces. Traditionally, many notes are case notes that analyse a particular recent judgment (or judgments) of the courts, whereas analyses (notes) can discuss any specific issue of legal interest, and are not limited to judicial matters, and may, for example, focus on analysing the status quo pertaining to a particular topic. Notes and analyses should be between 1500 and 4000 words long. Notes and analyses longer than this are seldom accepted. Notes and analyses do not require an abstract. All references in notes and analyses must be footnoted.

3. Book reviews

Book reviews are critical discussions of scholarly books on any topic related to Law and/or Criminal Justice. These should not exceed 2000 words. All references in book reviews must be footnoted.

4. From practice

Articles submitted in this category should be of practical relevance in any area of Law and/or Criminal Justice. From Practice submissions should be between 1000 and 3000 words. All references must be footnoted.

The WLJ Editorial Team

Editor in Chief: Dr Lézelle Jacobs

Editorial Board:

Dr David J. Cox

Sukhninder Panesar (Head of Law School)

Dr Metka Potocnik

Professor Peter Walton (Head of Law Research)

Contact us

Email: wlsj@wlv.ac.uk

Tweet us: @WlvLawSchool and @wlvfoss

Special Advisory Board

HHJ James Burbidge QC, Honorary Recorder of Wolverhampton 

HHJ Sally Dowding

Professor Andrew Keay, University of Leeds, Barrister Kings Chambers

Michael Mansfield QC, Fellow of Law, Kent University and visiting Professor at Birkbeck School of Law

The Hon Mr Justice Alastair Norris