Contents

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JCL 69 (2005) 414

Consent and the rules of the game: the interplay of civil and criminal liability for sporting injuries
Stefan Fafinski

Each year, millions of people are injured whilst playing sport. An increasing number of these seek civil redress for their injuries; however, the infliction of an injury during the course of sporting activity may also give rise to criminal liability if caused in a way that satisfies the requirements of a particular offence. This article examines the nature of the law’s intervention in the sporting area. It provides a brief outline of the relatively well-established position at civil law before moving to consider how the issue has been addressed by the criminal law with particular emphasis on the role of consent. Finally, the article engages with the complex interplay between the law and the rules of the relevant sport that has been a pervasive feature at both civil and criminal law.

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JCL 69 (2005) 427

German cures for English ailments? Appropriation versus taking away-Significance and consequences of conceptual differences between the English and the German law of theft
Nils Weinrich

The current law of theft continues to rely on the concept of ‘appropriation’ under the Theft Act 1968. The broadness of this concept has led to serious problems in its application by the courts. Amongst these are the problems of ‘appropriation with consent’ and ‘appropriation without taking possession’ which have manifested themselves in several counter-intuitive decisions by the courts such as Gomez, Hinks and Pitham and Hehl. As a result these decisions have given rise to strong criticism by academics and practitioners alike. The law of theft, therefore, is without doubt in strong need of reform. After examining these key problems this article conceptually analyses the German approach by way of comparative juxtaposition with the English approach. Far from suggesting any adaptation of continental solutions, the author aims to provide extra material for consideration for a future reform of the law by introducing a systematic construction of the offences of theft and fraud from a foreign jurisdiction.

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JCL 69 (2005) 442

'Take it from me.'-The role of the judge and lay assessors in deciding questions of law in appeals to the Crown Court
Michael Bohlander

According to traditional jurisprudence, lay assessors sitting with professional judges at the Crown Court, whether at trial or appeal level, have to take the law from the judge as the legal professional. The same is not true when the same lay magistrates sit at the magistrates' court either with a clerk or a professional district judge. This article questions the traditional arguments for this discrepancy and argues that if lay assessors at the Crown Court have the status of full judges, they should also have the power to decide questions of law.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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