Michael Haley

P.a.c.e. and the social worker: A step in the right direction?

Abstract Although not quite matching the vision of George Orwell, the year 1984 saw a powerful government, intent on law and order, promote the powers of the State at the expense of the civil liberties of the individual. The vehicle for this political measure was the Police and Criminal Evidence Act 1984 (PACE), and the four ancillary Codes of Practice, which together form a comprehensive and controversial catalogue of police powers and obligations.

SECTION 61 OF THE TRUSTEE ACT 1925: A JUDICIOUS BREACH OF TRUST?

This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design and modern day operation of the jurisdiction to relieve a trustee from personal liability following a breach of trust. It will revisit the threshold conditions of honesty, reasonableness and fairness and, in the context of mortgage fraud, contend that this exculpatory jurisdiction ought not extend to the bare commercial trust that exists between the mortgagee and its solicitor. Defects, uncertainties and shortcomings associated with s. 61 will also be addressed.

SECTION 30(1)(g) OF THE LANDLORD AND TENANT ACT 1954: THE UNJUST RELEGATION OF RENEWAL RIGHTS

Part II of the Landlord and Tenant Act 1954 regulates the renewal of business tenancies. Within highly technical confines, it promotes the continuation of the tenants business and addresses the risk of tenant exploitation. Nevertheless, it is argued that section 30(1)(g) unnecessarily prioritises the occupation needs of the landlord over the tenants renewal rights and without imposing effective procedural safeguards. Although compensation for loss of renewal rights may be available, the award disregards any loss of established goodwill. This inadequacy of compensation undermines the anti-profiteering ethos of the Act and contravenes Article 1 of the European Convention on Human Rights.