bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ascendancy: January-October 1983
Authors: Greer Steven 
Published: November 2023

Abstract
The media dubbed 1982 ‘the year of the supergrass ‘, since it was then that the majority came to public attention, but it was not until the following year that the first significant trials, on the evidence of Joseph Bennett, Christopher Black, and Kevin McGrady, con cluded with the conviction of virtually all the accused. Between the beginning of 1981 and the end of 1983, at least eight loyalist and nineteen republican supergrasses had appeared and nearly 600 suspects had been arrested on the evidence which they had sup plied.1 Although supergrass defendants accounted for only 20 per cent of those tried by the Diplock courts in 1983,2 they included those suspected of being amongst the top leadership of the IRA, the INLA, and the UVF. The RUC believed that the Black case had finished off the Provisional IRA in the Ardoyne area of Belfast, that the Bennett trial had destroyed the Ulster Volunteer Force in the city,3 and that the ranks of the INLA had been decimated by the supergrasses, with morale dropping to a low ebb.4
The Public Controversy: 1983-1984
Authors: Greer Steven 
Published: November 2023

Abstract
The use of supergrasses in the Diplock system excited intense public controversy, both in Northern Ireland and to a lesser extent beyond, from the autumn of 1981, when the first mass arrests began. The debate gained momentum as the supergrass system itself unfolded, particularly after the convictions in the Bennett, Black, and McGrady cases in 1983. A central argument in this study is that the anti-supergrass campaign led to a judicial volte face which terminated the supergrass system. It is appropriate, therefore, to deviate at this point from the chronological account of the key trials in order to consider the various viewpoints in the controversy which had already become clear by the end of 1983. The comparatively few important contributions made after 1984, for example the Attorney-General ‘s second lengthy Commons statement in 1986, are considered in later chapters.
Final Ups And Downs: 1985
Authors: Greer Steven 
Published: November 2023

Abstract
Although 1984 had ended with the supergrass system apparently in serious decline, 1985 closed with a partial resurgence. The year began disastrously for the authorities, with the almost complete failure of the loyalist Crockard and Allen trials, but in December all twenty-seven republican defendants charged on the evidence of Harry Kirkpatrick were convicted. However, as things turned out, this proved to be little more than the last flickers from a dying fire, since by the end of the following year all the uncorroborated convictions in every supergrass case, including that of Kirkpatrick, had been overturned on appeal.
Distant Cousins
Authors: Greer Steven 
Published: November 2023

Abstract
IN the 1970s and 1980s processes similar in various respects to the supergrass system in Northern Ireland appeared in England, the United States, Italy, France, Spain, and Germany, directed against terrorism, organized crime, and insider dealing. While the relevance of the English experience is self-evident, the American Witness Protection Programme is of particular interest because the RUC is said to have borrowed from it the idea of protecting vulnerable witnesses before trial and offering them new lives and new identities afterwards.1 The Italian process is also worthy of particular attention because in the 1980s Italian supergrasses, the pentiti, were used to devastating effect against the terrorism of the Red Brigades2 but with less success against the Mafia, and in Germany in the early 1990s, accomplice testimony has been effectively deployed against the once ruthless but now largely defunct Red Army Faction. Although no supergrass processes as such have been established in France or Spain, legislation has been enacted in each of these countries to encourage terrorists to co-operate in the prosecution of their erstwhile confederates.
Judicial Defamations
Authors: Olowofoyeku Abimbola A 
Published: November 2023

Abstract
As the above quotation indicates, and as has been seen briefly in Chapter 2, the law of judicial immunities extends its protection beyond the realm of judicial acts to allegedly defamatory words spoken by judges in the course of judicial proceedings. This immunity in respect of defamatory words is often referred to as a ‘privilege’. In this chapter, I shall use the terms ‘immunity’ and ‘privilege’ interchangeably. It was submitted in Chapter 2 that the immunity in respect of judicial acts is not necessarily the same as that which is given for defamatory statements. I propose now to undertake a more detailed examination of this point.
Coming Off
Authors: Taylor Avril 
Published: November 2023

Abstract
Sooner or later, all the women wanted to give up their use of drugs. This chapter will examine the reasons for this and the factors which made giving up difficult. It will be seen that, just as there are various reasons for beginning to use drugs, there are a myriad of reasons for wanting to cease drug taking, for continuing or for beginning again. Every woman made at least one attempt to stop her drug use during the period of my fieldwork. When I first met Michelle she had been‘off’ drugs for three days; a few days later she had resumed use. Towards the end of fieldwork she entered a drug rehabilitation centre for a few weeks and then again resumed drug use.
Notes and Comments on Cases in International Law, Commercial Law, and Arbitration
Authors: Mann F A 
Published: November 2023

Abstract
F.A. Mann is considered to be one of the finest British lawyers of this century, esteemed as an international jurist and as a practising solicitor. He combined a thriving and prestigious practice with a prolific output of writing and teaching, with much of his work centering on the inter-relationship of international and national law. Among his publications are Studies in International Law (OUP, 1973), Further Studies in International Law (OUP, 1990), and Foreign Affairs in English Courts (OUP, 1986). He died in September 1991, whilst at work on the proofs of the fifth edition of his virtually canonical work, The Legal Aspect of Money Notes and Comments on Cases in International Law represents some of the finest of his writing on such diverse topics as Anglo-American Legal Harmony, Bills of Exchange and the Conflict of Laws, the Spycatcher case, Austrian Nationality, and English Procedural Law and Foreign Arbitrations. Throughout his career his case notes were regarded as models of intellectual acuity: constantly stimulating and rigorous in their analysis and style. This new collection of his work will gain a fresh audience for his writing, and should be found on the bookshelves of every lawyer with a serious interest in international law.
English Procedural Law and Foreign Arbitrations
Authors: Mann F A 
Published: November 2023

Abstract
Which is the procedural law that governs an international arbitration? By what law is it to be determined whether, in an international arbitration, witnesses are to be examined on oath or the claimant has to provide security for costs? Which is the court that may disqualify an arbitrator and what are the procedural rules applicable to the question of disqualification? Which is the court that can order a case to be stated or an award to be set aside on the ground of the arbitrator’s misconduct? Although there is nowhere much judicial authority on these and similar questions, there were until recently strong grounds for thinking that the law of the arbitration tribunal’s seat, the lexarbitri, determines the arbitration’s procedure and that the parties are at liberty to devise their own procedural rules only to the extent permitted by the lex arbitri. Yet what seemed to be a fairly obvious principle, supported both by strictly legal reasoning and by common sense, has become subject to much doubt as a result of the decision of the Court of Appeal (Lord Denning MR, Davies and Widgery L JJ) in Whitworth Street Estates (Manchester) Ltd.
The Meaning of ‘Money’
Authors: Mann F A 
Published: November 2023

Abstract
BY its decision in Re Morgan (1943), 1 All ER 187, the House of Lords has provided renewed and most welcome proof of the progressive spirit which has animated the highest tribunal in recent years. It would not be difficult to enumerate a long series of reforming decisions re-establishing or introducing rules of law which often revolutionized the particular sphere of law concerned and almost invariably resulted in relieving, as Lord Atkin said, ‘judges in the future from the thraldom, often I think self imposed, of judgments in other cases’. Among these decisions, Re Morgan will hold pride of place for three reasons.
Specific Performance of Foreign Money Obligations?
Authors: Mann F A 
Published: November 2023

Abstract
The recent devaluation of sterling will bring to the forefront the rule of English law according to which an amount of foreign currency claimed in English proceedings must be converted into sterling at the rate of exchange prevailing on the day when it became payable. This ‘breach-date-rule’, established by two decisions of the House of Lords means, for instance, that, if A in New York was on 1 September 1949 entitled to be paid $420 in New York by another New York resident under a contract governed by New York law and finds his debtor in England, he now cannot normally recover more than $240, for at the date of breach $420 was worth £mo which now produces $240. It is possible that the law of New York may allow A damages for delay in payment and that such damages are recoverable here, but at present this is, for many reasons, far from certain.2
Uncertain Certainty
Authors: Mann F A 
Published: November 2023

Abstract
It may be churlish, and perhaps even disrespectful, to venture to question the decision of the House of Lords (Lord Diplock, Lord Simon of Glaisdale, Lord Edmund-Davies, Lord Scarman, and Lord Bridge of Harwich) in The Chikuma [1981] 1 WLR 314, which is not only unanimous but also expressed in a single speech by the junior member of the Committee, with which his colleagues merely agreed. Yet the decision, while restoring that of Robert Goff J, disapproved the view taken by an experienced City arbitrator and described by the Financial Times as one ‘with which few businessmen would quarrel’, as well as the decision of the Court of Appeal (Lord Denning MR, Waller and Dunn L JJ) which the same journal described as ‘common sense’. There are in fact many in the City and in the professions who seem to subscribe to such comments, thus putting the opposite label on the decision of the House of Lords.
Problems of Compound Interest
Authors: Mann F A 
Published: November 2023

Abstract
BY one of the most broadminded and progressive decisions of recent years the House of Lords held that where under the contract with its customer a bank is entitled to compound interest with quarterly rests the right continues after payment has been demanded: National Bank of Greece v. Pinios Shipping Co. [1989] 3 WLR 1330. Lord Goff of Chieveley, with whom Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Griffiths, and Lord Jauncey of Tullichettle agreed, thus reversed the decision of the Court of Appeal [1989] 3 WLR 185, which was discussed at (1989) 105 LQR 344. The Court of Appeal had felt bound by precedent to hold that upon demand for payment being made the contract with the bank ceased to be, as the phrase went, a ‘mercantile account current for mutual transactions’ and, to continue conceptualist reasoning of the worst type, resolved itself into a relationship of creditor and debtor. All this verbiage has now disappeared from the legal scene and is replaced by the controlling force of the usage of bankers. The essence of the case is so simple and so simply stated that one is tempted to say no more about it. Yet it gives rise to three comments which, it is hoped, will not be thought wearisome.
Bills of Exchange and the Conflict of Laws
Authors: Mann F A 
Published: November 2023

Abstract
THE decisions of Mr Justice Tucker in Banku Polskiego v. Malter & Co. [ r941] 2 All ER 647, decided on 24 June 1941, and of Mr Justice Stable in Cornelius v. Banque Franco-Serbe [1941] 2 All ER 728, decided on 25 June 1941, deal with problems of the conflict of law relating to bills of exchange which for many years have been a familiar topic of discussion in textbooks but on which there exists no or very little judicial authority. For this reason and also in view of the fact that the developments on the Continent have no doubt caused identical difficulties in numerous other cases, both judgments merit close examination.
Extraterritorial Effect of Confiscatory Legislation
Authors: Mann F A 
Published: November 2023

Abstract
Atkinson J’s decision in Lorentzen v. Lyddon & Co., Ltd., 71 (1942) LI LR 197, the appeal against which was recently dismissed by consent so that the learned judge’s hope for a review by the Court of Appeal was unfortunately not fulfilled, requires a few words of comment. The plaintiff claimed damages for the repudiation of a contract by which the defendants had undertaken to charter a ship owned by a Norwegian company. The plaintiff, suing as ‘curator’ of the ship, derived his title from a decree issued on 18 May 1940, by the Free Norwegian Government at Trondhjem by which all Norwegian ships were requisitioned and put under the control of a curator who was authorized to exercise to the exclusion of the owners all rights of property over requisitioned ships, to collect claims due to the owners, enforce them by action, and so forth.
Re Syndic in Bankruptcy of Salim Nasrallah Khaury v. Khayat
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the Privy Council in Syndic in Bankruptcy of Salim Nasrallah Khaury v. Khayat [1943] AC 5&lt;&gt;7 constitutes a welcome contribution to the development of the law of money. Its importance is in no way diminished by the fact that, perhaps owing to the respondent not having been represented at the hearing, neither the argument nor the opinion delivered by Lord Wright are as catholic and exhaustive as might have been expected.
Re Grosvenor
Authors: Mann F A 
Published: November 2023

Abstract
Section 184 of the Law of Property Act 1925, provides that where two persons have died in circumstances rendering it uncertain which of them has survived the other, the deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority. In view of its wording it is fairly clear that the section does not apply to cases in which it is proved that the deaths occurred simultaneously. Is this possible? Lord Cranworth LC in Wing v. Angrave (1855) 4 De G. M. & G. 633, 661, thought that it was not, and in Re Lindop [1942] Ch. 377, 383, Bennett J held that it was ‘so highly improbable that the evidence relied upon to prove it must be looked upon closely and critically’. In Re Grosvenor [1944] 1 AER 81, however, the Court of Appeal was unanimously of the opinion that simultaneous deaths were possible, and Lord Greene MR and Goddard LJ held that, if two persons, being in the same room, are killed by what is popularly known as a direct hit by a high explosive bomb, the probability of simultaneous deaths was ‘so overwhelming that to feel doubt on the matter
Libellous Communication by a Foreign State Official
Authors: Mann F A 
Published: November 2023

Abstract
From the point of view of international law the decision of Henn Collins J in Szalatny-Stacho v. Fink [1946] I All ER 303 is both interesting and puzzling.
The defendant, the Chief Military Prosecutor in the Czech Army, published documents alleged to be defamatory upon the plaintiff, the then Czech Envoy in Cairo, by sending them to the Military Office of the President of the Czechoslovakian Republic in London. The principal point for decision was whether the communication was entitled to absolute privilege. The learned judge held that by English law no such privilege could be claimed. On the other hand, he found that by Czech law ‘this communication could not have founded any action, civil or criminal’, though in view of an admitted excess of the defendant’s official duty the plaintiff apparently had by Czech law the remedy ‘to call in question the excess by some other form of procedure’ (which he did without success).
Legitimacy and the Conflict of Laws
Authors: Mann F A 
Published: November 2023

Abstract
IN January 1947 the problem of legitimacy in the conflict of laws was discussed with great learning and acumen by Mr Welsh: (1947) 63 LOR He succeeded in inducing Professor Cheshire to some extent to change his views on this difficult subject in the third edition of his Private International Law, which appeared in the summer of 1947 (pp. 497--513). There will be some who will regret that Mr Welsh failed to exercise similar influence upon the mind of Romer J, who, in November 1947, had to decide the case of Re Bischoffsheim [1948] Ch. 79.
Confiscatory Legislation and Share Certificates
Authors: Mann F A 
Published: November 2023

Abstract
Kahler v. Midland Bank, Ltd. [1948] 1 All ER 811 is a decision of the Court of Appeal which will cause no little surprise. The plaintiff was the undisputed owner of certain share certificates endorsed in blank which were held by the defendants in a dossier for a Czechoslovak Bank described as the Bohemian Bank with whom the plaintiff had an account; neither the defendants nor the Bohemian Bank claimed any right, title, or interest in the shares. By his writ issued in July 1939, the plaintiff, who had by that time left Czechoslovakia, claimed from the defendants delivery up of the shares. He relied on an alleged direct contractual relationship between himself and the defendants, but this point, which, on the facts as reported, obviously was a bad one, is of no general interest. The remarkable aspect of the case is that the plaintiff failed with his claim in rem on the ground that Czech currency regulations precluded the release of the securities to him.
Austrian Nationality
Authors: Mann F A 
Published: November 2023

Abstract
IN the Matter of Mangold’s Patent (1951) 68 RPC I, Lloyd-Jacob J had to deal with an application for extension of a patent on the ground of loss suffered ‘by reason of hostilities between His Majesty and any foreign state’. Under section 24 (8) of the Patents Act 1949, if the applicant ‘is a subject of such foreign state’, no order for extension can be made. The learned judge held that the applicant who was of Austrian origin and had resided in this country since 1937, was disentitled to an extension, because on 13 March 1938, Austria was annexed by Germany and, on 2 April 1938, such annexation was recognized by His Majesty; consequently, the applicant was a German subject, unless he could prove that ‘by German municipal law’ he was not so regarded. The recognition of Austria as a State on 5 January 1946, and the termination of the state of war with Austria on 16 September 1947, were held to be irrelevant on the ground that the latter did ‘not necessarily imply the existence of any state of war between His Majesty and the State of Austria prior to such recognition’
Illegality and the Conflict of Laws
Authors: Mann F A 
Published: November 2023

Abstract
A Unanimous House of Lords (Lords Simonds, Reid, Cohen, Keith, and Somervell) has affirmed the decision of the Court of Appeal in Regazzoni v. K. C. Sethia, Ltd. It is, therefore, no longer useful to reopen the question whether English law has taken a dangerous or a desirable course. Rather it is necessary to enquire what it is that the House of Lords has laid down as a legal principle for the guidance of future generations.
Exchange Control and Statutory Interpretation
Authors: Mann F A 
Published: November 2023

Abstract
Section r (r) of the Exchange Control Act 1947, makes it illegal for a resident of the United Kingdom to ‘borrow’ foreign currency outside the United Kingdom. Between 1952 and 1955 the late Sir Alexander Korda, so it was alleged in Re H.P.C. Productions Ltd., requested a Swiss company known as T.V. Finance Corporation, Zug, (a) to invest $90,000 in the purchase of United States treasury bills which were in fact delivered to Sir Alexander in New York, and (b) to pay $85,000 to a French estate agent as part-payment of the price of a villa at Antibes purchased by Sir Alexander. It was further alleged that (c) the Swiss company ‘either lent to or paid at the request of the deceased sums totalling not less than $50,000’. Plowman J was called upon to decide the preliminary point of law whether the transactions so alleged were legally valid.
The Variation of Trusts Act 1958 and the Conflict of Laws
Authors: Mann F A 
Published: November 2023

Abstract
The Variation of Trusts Act 1958 provides in section 1 that ‘where property ... is held on trusts arising ... under any will, settlement or other disposition, the court may ... approve ... any arrangement ... varying or revoking all or any of the trusts... ‘. Has the court thus been given power, subject to any procedural question of jurisdiction, to vary any will, settlement, or other disposition made anywhere under any law by testators or settlors of any domicile or nationality, and irrespective of the situation of the property or the whereabouts of the trustees? The answer will certainly have to be in the negative, for in the absence of clear words to the contrary ‘Parliament does not assert or assume jurisdiction which goes beyond the limits established by the common consent of nations’.
On the Sacrosanctity of the Foreign Act of State
Authors: Mann F A 
Published: November 2023

Abstract
IT is possible that the recent decision of the Court of Appeal in Buck v. Attorney-General will have greater influence on the development of international law than some readers may at first sight suspect, for it lends further support to the view that the doctrine of the sacrosanctity of the foreign act of State, while expressing an important and wholesome principle of law, has been generalized and extended far beyond its proper scope. To put the point very shortly, the plaintiffs claimed a declaration to the effect that the Sierra Leone (Constitution) Order ,3 which was made on 14 April 1961, under the British Settlements Act 1887, and gave a Constitution to the State of Sierra Leone was ultra vires and void. Sierra Leone became an independent and sovereign State on 27 April 1961, by virtue of the Sierra Leone Independence Act I 96 r. The Court of Appeal held that it had no jurisdiction in proceedings against Her Majesty’s Attorney-General, to which Sierra Leone was not a party, to make such a declaration. Whatever the position may have been before 27 April 1961, Sierra Leone was from that date onwards and now is a sovereign State whose Constitution was being directly attacked, but could not be impugned in an English court.
The Bretton Woods Agreement in the English Courts
Authors: Mann F A 
Published: November 2023

Abstract
Sharif, resident in England, was the holder of a cheque for £300 drawn in his favour by Azad, who was also resident in England. When Sharif brought an action on the cheque, Azad relied on section 30 of the Bills of Exchange Act 1882, according to which payment is excused where the issue of the cheque was affected with illegality. This was said to arise from the fact that the cheque had been issued in consideration of the transfer by the plaintiff, Sharif, to the defendant, Azad, of a cheque for 6,000 Pakistan rupees.