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Warwick Law Impact

We have a long-standing commitment to examining law in its political, social and economic context. From the practical focus of our Centre for Human Rights in Practice (CHRP), to the empirical research carried out within the Criminal Justice Centre (CJC).

The breadth of our research is reflected in the diversity of those who make use of it, ranging from supranational institutions, courts, tribunals and governments to financial institutions, law reform agencies, legal practitioners, law teachers, trade unions, cultural organisations, civil society, and even writers of fiction.

Our research has influenced debates and policies in a number of ways, including direct impacts on policy, engaging with policy-makers and professional organisations, and informing public debate.

Areas of Impact

Hugh Beale was a leading member of groups responsible for producing The Principles of European Contract Law, Parts I and II (2000) and the Draft Common Frame of Reference (2009). Both have had an impact on case-law in this jurisdiction and at a European level. In Yam Seng Pte Limited v International Trade Corporation Limited [2013] EWHC 111 (QB), para 124, it was noted that they embodied a general duty to act in accordance with good faith and fair dealing, with the judge noting that ‘[t]here can be little doubt that the penetration of this principle into English law and the pressures towards a more unified European law of contract in which the principle plays a significant role will continue to increase.’ They have also been relied upon by the Advocates-General in the European Court of Justice for interpretive purposes (see e.g. Quelle (Case C-404/06) [2008] 2 CMLR 49, para AG44, n28; Banco Español de Crédito SA v Camino [2012] 3 C.M.L.R. 25, para. AG4 (both citing PECL); Martin v EDP (Case C-227/08) [2010] 2 CMLR 27, para AG51; Danske Slagterier v Germany (Case 445/06), para AG94, n57 (both citing DCFR).

Rebecca Probert’s work on non-marriage has been cited and relied upon by the English courts.

In Hudson v Leigh [2009] EWHC 1306 (Fam) reliance was placed on Rebecca Probert’s article ‘When are we married?’ by counsel (in arguing that the concept of non-marriage was recognised by English law) and by Bodey J (in accepting that it should and did exist). This was subsequently confirmed by the Court of Appeal and Hudson v Leigh has come to be seen as the leading case on the concept of a non-marriage.

The article subsequently featured in the top ten downloads from Legal Studies for 2011, reflecting its contribution to enhanced understanding of the topic.

Jackie Hodgson has frequently been instructed as an expert witness on whether European extradition was for the lawful purpose of prosecution, or simply for investigation and questioning.

Jackie Hodgson testified at the hearing in McCormack v Tribunal de Grande Instance, Quimper, France [2008] EWHC 1453 (Admin), while in HM Advocate, representing Republic of France v Kelly (2010), the appeal was abandoned as a direct result of the expert report provided.

Her research also had an impact on the major Canadian extradition decision in Diab, in which she was required to assess whether, if extradited to France on terrorism charges, the accused would receive a fair trial [Attorney General of Canada (The Republic of France) v Diab 2011 ONSC 337]. Her assessment of the use of secret and un-sourced intelligence as evidence in any subsequent trial should Diab be extradited back to France was relied upon by Diab’s defence team. The Attorney General for Canada subsequently disavowed any reliance whatsoever on the extensive intelligence set out in the French Record of the Case which sought to justify the French extradition request. While the judge felt legally mandated to extradite under the relevant treaty, the case is currently on appeal to the Canadian Supreme Court.

Gary Watt's monograph Equity Stirring: The Story of Justice Beyond Law (Hart, 2009) was cited in a judgment of Australia's highest court (Andrews v Australia and New Zealand Banking Group Limited [2012] HCA 30).

Judges in Brazil have cited Octavio Ferraz’s work in their opinions; state attorneys have cited it in their court submissions, and the Public Prosecutor's Institute has invited him to present his research for public prosecutors in the south of Brazil who deal with right to health litigation on a daily basis.

Gary Watt has written widely on law in the context of arts and the humanities and his status as a National Teaching Fellow has led to regular invitations to deliver workshops on rhetoric.Watt is the founding co-editor (with his Warwick colleague Paul Raffield) of the journal Law and Humanities. His work on law and humanities has featured in the Times Literary Supplement and he was a key contributor to Warwick University’s 2012 award-winning documentary celebrating the 200th anniversary of the birth of Charles Dickens, and the associated "app". His writing on the public value of law as a humanities’ discipline (a chapter in J Bate (ed) The Public Value of the Humanities) was cited by Andrew Motion, the former Poet Laureate, in the distinguished Romanes Lecture of 2011.

He delivers workshops on rhetoric to theatre practitioners at the Royal Shakespeare Company and to voice professionals (including a workshop delivered at the annual conference of the charity Voice Care Network).

Illan rua Wall is a commissioning editor of CounterPress, a new breed of publisher that draws its inspiration from the so-called ‘Academic Spring’.
Growing from the blog Critical Legal Thinking, it seeks to challenge the increasing isolation of critical academia from popular political spheres. From the outset it aims to reach beyond the traditional constituency of students and academics. It will publish short 'Pocket-Books' on critical legal ideas, and longer 'Radical Readers' on particular fields of law and critique. It will publish in traditional paperback form at low cost, and in ebook form on a pay-what-you-can model. As such it challenges the ever tightening grip of pay-per-view journal articles and the ever upward spiral of academic monographs, which leads to dwindling readerships and the impoverishment of public discourse.

Rebecca Probert Rebecca Probert has provided advice to, and appeared on, TV programmes such as Who Do You Think You Are?, Heirhunters, Historic Houses, and Harlots, Heroines and Housewives to discuss marriage, divorce, and bigamy in past centuries. Her work on the history of marriage and cohabitation has also attracted interest from those tracing their family tree. She has published two books specifically for family historians – Marriage Law for Genealogists (2012) and Divorced, Bigamist, Bereaved? (2015) and regularly delivers talks to family history societies and other groups. In 2013 and 2015 she spent three days advising genealogists at Who Do You Think You Are? Live, the largest family history event in Europe. A public engagement award from Warwick’s Institute of Advanced Studies funded an exhibition stand at the 2013 event, and advice and guidance were provided to around 1,000 individuals over the three days of each of the shows. A surprising number of those attending these show proved to have ancestors who had married their deceased wife’s sister at a time when such marriages were prohibited. A number also revealed that they had bigamous ancestors, providing valuable information and background for a future project on this topic. Bigamy also formed the backdrop to her 2013 book A Noble Affair: The Remarkable True Story of the Runaway Wife, the Bigamous Earl and the Cottage Countess, co-authored with Joanne Bailey and Julie Shaffer.

Through Warwick Arts Centre, colleagues have been able to access a broader audience for their research. In 2013 the ‘This is Tomorrow’ project involved Jackie Hodgson, Solange Mouthaan, Rebecca Probert, Paul Raffield, Andrew Williams and Charlotte Woodhead all sharing their research with creative artists. Hodgson also delivered a pre-performance public lecture on the law’s response to terrorism before the Scottish National Theatre’s production of Black Watch at the Arts Centre.

Kimberley Brownlee has communicated her work on civil disobedience via on-line magazines such as Wired, Philosophy Talk, Philosophy TV, and 3:am Magazine. She also contributed to the public debate on the protests in Quebec in 2012.

Jonathan Garton has been appointed as Special Adviser to the Public Administration Select Committee (2012-13) to advise on its review of charity regulation. His theoretical framework for evaluating charity regulation was cited with approval before the Australian parliament on at least two occasions during the various reviews that led to the implementation of a new statutory regime in 2013.

The Centre for Human Rights in Practice

James Harrison’s work on Equality and Human Rights Impact Assessments has enhanced public understanding of the issues, provided research evidence that has stimulated debate both locally and nationally, led to changes in policy, and inspired research by a range of voluntary organisations.

Ming-Sung Kuo’s legal comment on the diplomatic row between Taiwan and the Philippines in the wake of the Philippine Coast Guard’s fatal shooting of a Taiwanese fishing boat on 9 May 2013 drew interest from several commentators’

Octavio Ferraz's research and publications on right to health litigation in Brazil, Latin America, South Africa and India have attracted the attention of judges, public prosecutors, policy makers and the press. He has been invited to give lectures and courses for them, has been cited in court's decisions in Brazil, and his research has been reported in the main Brazilian newspaper, where he has also written several opinion pieces. His research has also been published by the World Health Organization and has been invited by the World Bank to serve as a consultant on right to health litigation.

William O’Brian was invited by the Law Commission for England and Wales to consult on its proposals regarding the use of expert evidence in criminal proceedings in England and Wales.

David Ormandy’s work on housing standards has an ongoing impact in informing public policy. From 2005, the Housing Health and Safety Rating System (HHSRS), developed by the Housing Unit between 1998 and 2004, was included in the English House Condition Survey, now the English Housing Survey, which provides data to inform central and local government housing polices.

Rebecca Probert’s work on the history of marriage and cohabitation has influenced the thinking of groups such as the Centre for Social Justice and the Marriage Foundation.

Having been alerted to the way in which Probert’s work contradicted claims that they had made in their interim report on Every Family Matters about the extent to which the popularity of marriage had waxed and waned in the past, they invited her to rewrite the relevant sections of the final review. Probert subsequently collaborated with the Centre to put together a paper on the research evidence (History and Family: Setting the Records Straight (April 2011), which received widespread media coverage. Probert’s research has also been relied upon by the Marriage Foundation. Her research findings were also featured in the Foundation’s newsletters for Winter 2012 and Summer 2013, and she was invited to address the inaugural conference of the Marriage Foundation on ‘the myths of history’

Lorraine Talbot was invited by the Law Commission for England and Wales to consult on its proposals regarding the Fiduciary Duties of Investment Intermediaries

In 1994 Faundez’s book on Affirmative Action—International Perspectives was published by the International Labour Organisation (ILO). He was subsequently invited by the ILO to assist the Governments of Namibia and South Africa in drafting their affirmative action legislation in employment. The legislation was enacted in each country in 1998.

It was the first affirmative action law enacted in a developing country that was consistent with the principles of international law, and continues to have an impact on the rights of individuals in those countries today. As the US State Department noted in its report Investment Climate Statement – Namibia (2012) ‘Namibia’s Affirmative Action Act strives to create equal employment opportunities, improve conditions for the historically disadvantaged, and eliminate discrimination. The commission facilitates training programs, provides technical and other assistance, and offers expert advice, information, and guidance on implementing affirmative action in the work place.’

In November 2011 John McEldowney was invited by the Family Mediation Council (FMC) to undertake an inquiry into the working of family mediation. The research included interviewing private and public family mediators and their key associations. Taking evidence and receiving appropriate information took over nine months of painstaking investigation, as well as many meetings with stakeholders. Over 2,000 pages of evidence were collected, read, and analysed.

This was followed by an interim review report containing some of the main findings, followed by a two-month consultation process. The review, published in June 2012 (Family Mediation in a Time of Change: The Family Mediation Council Final Report) contained recommendations for the regulation and good governance of publicly and privately funded family mediation in England and Wales. The various mediation organisations have accepted the main findings of the McEldowney Review. The Government’s response has been to accept the findings of the Review and support its implementation.

Dwijen Rangnekar’s ESRC-funded project on the Intellectual Property Protection of Feni in Goa provided a systematic study of the acquisition of an intellectual property right, a Geographical Indication (GI), in the Global South. During the fieldwork, in particular at the stakeholder meeting, the project was able to make meaningful contributions to the draft GI application. A number of these recommendations, though not all, were taken on board by the Goa government and the Feni Association. The project report was subsequently disseminated at meetings in Goa, Delhi and Geneva, with participation from the Feni sector, local government, national regulators, multilateral institutions, academia, and legal and development communities.

Media coverage of these events ensured further circulation of and attention to the project, while a project website has received over 14,000 visits since August 2010 with several thousand downloads of project publications. Some of the criticisms of the GI Regulator, such as the absence of local representatives and experts in review committees, has caught the attention of national commentators in India in their calls for better quality to GI applications. Finally, some in the wider IP-Development community, including those associated with multilateral bodies, have taken the findings on board to caution their enthusiasm for GIs as a developmental tool.

 David Ormandy’s work on housing standards, undertaken when the Housing Unit was part of the Law School has led to a change in the law in both this jurisdiction and overseas.

The Housing Health and Safety Rating System (HHSRS), developed between 1998 and 2004, was adopted as the statutory method for assessing housing conditions in England (and subsequently Wales) in April 2006 (The Housing Health and Safety Rating System (England) Regulations 2005) for the purposes of Part 1 of the Housing Act 2004.

The HHSRS is now used by all English and Welsh local authorities and thus has a very wide-reaching impact.

James Harrison’s research was integral to the incorporation of the first ever legally-binding human rights reporting process in an international trade agreement.Harrison was commissioned by the Canadian Council for International Co-operation to apply his research to the Canada-Colombia context and his resulting paper, Conducting A Human Rights Impact Assessment Of The Canada-Colombia Free Trade Agreement: Key Issues, was a major influence on the policy debate, both in parliament and in civil society campaigns. He presented it to key parliamentarians and civil society actors (via webcast seminars), gave evidence to the subsequent Parliamentary enquiry into the Canada-Columbia Free Trade Agreement (FTA) (see http://www.parl.gc.ca), and was part of a small expert advisory group advising the Canadian Department for Foreign Affairs and Trade on the appropriate methodology for the Canada-Colombia FTA reporting process. The agreement concerning annual reports on human rights and free trade between Canada and Colombia was signed in May 2010 and the free trade agreement was implemented in 2011. Harrison has since given evidence to Parliamentary hearings in relation to the first year of the reporting process.

Harrison’s work has also informed the development of policy on Human Rights Impact Assessments within the United Nations. In June 2010 the UN Special Rapporteur on Food, Professor Olivier De Schutter, convened a meeting of experts in Geneva to advance methodologies and thinking for undertaking HRIAs for trade and investment agreements. Harrison was commissioned to produce the main background paper for the meeting, applying his research to the UN context. He subsequently formed part of a small expert group responsible for assisting the UN Special Rapporteur in drafting the UN Guiding Principles of Human Rights Impact Assessments of Trade and Investment Agreements. These principles are now the key reference document for States that are undertaking HRIAs.

Julio Faundez’s research on access to justice and on empowerment and democracy has been influential in shaping the policy of inter-governmental organisations, such as the World Bank and the Inter-American Development Bank, and of bilateral donor agencies, such as DFID. It has contributed to shifting the focus of legal reform projects from an almost exclusive focus on an ideal-type vision of state institutions towards the wider institutional approach that takes into account the plight of vulnerable groups.On the basis of his work on democracy and legal empowerment, in 2007 the ILO invited Faundez to carry out a study on whether international labour standards, as embodied in relevant treaties and recommendations, benefit workers in small and micro-enterprises, most of which are in the informal sector. The ILO published his resulting report in 2008: A View on International Labour Standards, Labour Law and MSEs (ILO: Geneva, Employment Working Paper No. 18).

His work on non-state justice was cited in the Organisation for Economic Co-operation and Development’s 2008 paper, Enhancing the Delivery of Justice and Security. Building on his body of work in the area of non-state justice and security systems, in 2009 he (together with Alison Lochhead and Lt. Col. Hugh Evans) was then requested by DFID to prepare a report on these issues. The resulting report, Lessons Learned From Selected DFID Justice and Security Programmes—Study to Inform the White Paper Process (2009) advised that ‘DFID should reaffirm its comprehensive and pro-poor approach to justice and security, but should ensure that its programmes are firmly linked to sustainable development outcomes’. This Report was used as one of the background papers for the DFID’s White Paper Eliminating World Poverty: Building our Common Future (2009). This White Paper drew specifically on the insight that security and justice projects should not lose sight of the close link existing between security, justice and sustainable economic growth.

In 2010 Faundez was invited by the World Bank to participate in its Legal Pluralism and Development Policy workshop. This workshop led to the publication of an edited collection, published by Cambridge University Press in 2012, entitled Legal Pluralism and Development Scholars and Practitioners in Dialogue. This collection is the first World Bank-sponsored publication to include articles by leading international scholars and development practitioners with expertise in legal pluralism, reflecting an important development in the provision of research evidence to policy-makers.

Following this publication, in 2012 the World Bank invited Faundez to be part of a group of experts to address issues relating to the justice-security-development nexus with special reference to fragile and conflict-affected countries. The aim of the project is to provide practical guidance on how the World Bank might promote legitimate and effective institutions to manage injustice and insecurity in fragile states. At the expert group meeting, held in November 2012, Faundez was invited to comment on the practical problems arising from the efforts to link justice with security and development concerns. His comments, together with those of other participating experts, led to a revision of the World Bank’s discussion paper on this topic (The Justice-Security-Development Nexus: Theory and Practice in Fragile and Conflict-Affected States). This discussion paper was published in 2013 by The Hague Journal on the Rule of Law (5(2)).

Faundez’s 2003 Report for the DFID on non-state justice in Latin America has also contributed to improve public understanding of the issues, having been widely disseminated among development practitioners. This Report is also cited in the DFID’s influential Briefing Note on Non-State Justice and Security Systems (DFID 2004), which continues to be a key reference point in this field.

His research on research on community justice and legal pluralism helped Amnesty to clarify aspects of Bolivia’s legislation relating to the relationship between state judicial systems and dispute resolution mechanisms employed by indigenous peoples in rural areas (Ley de Deslinde Jurisdiccional). As a consequence, in 2010 Amnesty issued an open letter to the Plurinational Legislative Assembly of Bolivia, which identifies the issues that legislators should take into account when defining the jurisdiction of various parallel systems of justice.

Since 2009, Faundez has been actively involved in the activities of the World Justice Project, an NGO based in Washington that publishes the prestigious Rule of Law Index and constitutes a multinational and multidisciplinary initiative to strengthen the Rule of Law worldwide. He participated in their major research project on access to justice, which culminated in the publication of two edited collections (Global Perspectives on the Rule of Law and Marginalised Communities and Access to Justice) in the series Law, Development and Globalization, of which he is the sole editor. Faundez also supported the World Justice Project in a study on the use of indicators for measuring the impact of rule of law and governance. The findings of this study were published as a special issue of The Hague Journal on the Rule of Law in 2011.

Jayan Nayar is a member of the international coordinating committee of the World Tribunal on Iraq, and an advisor to both the World Court of Women, and Anjuman Mazarain and Chasma Lok Sath peoples’s tribunal initiatives, Pakistan.

Hugh Beale’s work on European Contract Law (in particular the PECL and the DCFR has been a major inspiration and source of material for the European Commission’s proposed Regulation for a Common Sales Law.The proposed Regulation is currently the subject of negotiations between the Commission, the Council of Ministers and the European Parliament. Beale continues to play a direct and influential role in the progress of these negotiations, having presented drafts of the DCFR and now the Regulation at stakeholder workshops organised by the European Commission and having given evidence to the Legal Affairs Committee of the Parliament. Drawing on his research over the last two decades, he is writing a Commentary on the text for the Commission, for officials to use during negotiations and for ultimate publication.

Julio Faundez’s research into the design and scope of legal reform projects has provided evidence to inform practice and the implementation of policy.One example of a project benefiting from Faundez’s expertise is the Capacity Building of the Sudan Judiciary Project, funded by a Multi-Donor Trust Fund administered by the World Bank. The aim of the project was to strengthen judicial independence so as to enable the judiciary to effectively and fairly apply the law. Faundez was invited by the World Bank to carry out a Mid-Term Review on the implementation of the project. Drawing on his experience evaluating justice reform projects for the World Bank and the Inter-American Development Bank, his report, Capacity Building of the Sudan Judiciary (Sudan Multi Donor Trust Fund) Mid-Term Review (2008), highlighted the problems inherent in the design of justice reform projects in contexts where the institutional environment is fragile and external intervention on matters concerning the judiciary are regarded as sensitive because of the authoritarian nature of the regime and the close link between legal and religious principles. Faundez also noted that the project had greatly underestimated the difficulties involved in delivering training programmes aimed at improving the capacity of officials working in the justice system. The project was adjusted accordingly and training has formed an important part of Phase II of the project.

The Centre for Human Rights in Practice

was commissioned by the Scottish Human Rights Commission to undertake a study which critically evaluated both equality and human rights impact assessment across the full range of policy areas where studies have been undertaken.Human Rights Impact Assessment: Review of Practice & Guidance for Future Assessments (2010), written by James Harrison and Mary-Ann Stephenson, led to the Scottish Commissioner for Children and Young People reforming its methodology for conducting EHRIAs. Harrison has provided research evidence to the Scottish Government, the Convention of Scottish Local Authorities, the Society of Local Authority Chief Executives, the Scottish Council Equalities Network, the NHS/SG Health Directorate, Audit Scotland, the Association of Chief Police Officers in Scotland and the Scottish Prison Service. He has also drafted Guiding Principles based on his research for conducting future EHRIAs. He is currently acting as advisor to a project where the new approach advocated by his research will be piloted in two local authorities in Scotland (Fife and Dumfriesshire) over the next 18 months. Leicestershire County Council have also utilised the SHRC research as the basis for reforming their own EHRIA process.

Jackie Hodgson’s research on English and French criminal justice has provided evidence to inform the development of EU policy.Drawing on Custodial Legal Advice (1993) and Standing Accused (1994), as well as the findings from Inside Police Custody (2013), all of which reinforce the importance of training in order to achieve effective custodial legal advice, she has advised those preparing the impact study for the EU legal aid directive on how to embed adversarial and competent legal assistance within the administration of legal aid. With Jodie Blackstock of JUSTICE, she organised and delivered a policy briefing to some 30 lawyers and EU officials in Brussels in 2012; feedback from the event demonstrated that this successfully raised awareness of the importance of linking legal aid funding to mechanisms to ensure the quality of legal advice to suspects in police custody throughout the EU.
Dora Kostakopoulou ’s work on multiculturalism and integration was used in Australia in the context of their reflection on multiculturalism as Australia’s Government policy.
Jonathan Garton is on the International Advisory Board of the Nonprofit Model Law Project run by the Australian Centre for Philanthropy and Nonprofit Studies.

James Harrison has provided expert advice and guidance a wide range of national and international organisations.These include the UN Officer of the High Commissioner for Human Rights, the Scottish Human Rights Commission, the Canadian Government (Department for Foreign Affairs and International Trade), Canadian Coalition for International Co-operation, and the Alternative Trade Mandate. He has also been a key academic advisor to a number of organisations in relation to his work on equality and human rights impact assessment including Bristol Fawcett Society, Coventry Ethnic Minority Action Partnership, Coventry City Council, Coventry Trades Council, Coventry Women’s Voices, Disabled People Against the Cuts, East London Fawcett, Fife Council, GMB Equality Network, Ilegal, International Institute for Labour Studies, Leicestershire County Council, Misereor, NHS Scotland, Public and Commercial Services Union, Parliamentary Labour Party Women’s Committee, Public Law Solicitors, UN Quakers Office, Renfrewshire Council, the Scottish Human Rights Commission, SixtyEightyThirty, the Spartacus Network and Trade Unions Congress.

Dora Kostakopoulou is involved in a number of European policy initiatives examining the topics of migration and citizenship.She was invited by leading Brussels-based think tanks, in cooperation with Agence Europe, to act as Rapporteur of the session on the Next Phase of EU Labour Migration Policy: Enhancing Policy Coherence and Advancing a Rights-Based Approach, Brussels, 25 January 2011. Her report was published as a Centre for European Policy Studies Policy Brief (No. 240, 5 April 2011: http://www.ceps.eu). She was also invited by the Council of Europe’s Commissioner for Human Rights to act as General Rapporteur at the Seminar on the Human Rights Dimension of Migration in Europe at the Council of Europe conference, in Istanbul, 17-18 February 2011. This was attended by policy-makers from several countries, researchers and representatives from the United Nations and NGOs. Her report was submitted to the Council of Europe, features on its website and has been cited by various NGOs.

Her Briefing Paper on the European Commission’s Fifth Report on Citizenship of the Union, requested by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, was translated into French and used by Directorate, Policy Department C, Citizens Rights and Constitutional Affairs, European Parliament. In June 2013 she presented the Policy Review on ‘Co-creating EU citizenship’ (written at the request of the DG Research and Innovation) at Corvinus University in Budapest to policy-makers, researchers and Commission officials. The Review provides policy recommendations to policy-makers in a set of domains, ranging from EU citizenship to education and social policies at EU, national and regional levels.

John McEldowney chairs the Study of Parliament Group (SPG), which is focused on the study of the working of Parliament including devolution and the EU.There are over 150 members of the group consisting of academic members including political scientists, leading constitutional lawyers and economists. The Parliamentary Officials who are members are drawn from all aspects of the work of Parliament including both Houses and also representatives of the Devolution arrangements. The Group has favoured the recently adopted Tony Wright reforms on elected chairs of Select Committees and has promoted post and pre legislative scrutiny in its evidence given to Parliament.

Jill Wakefield is a Member of the Globe International Commission on Land Change Use and Ecosystems Marine Technical Advisory Group. She has also given advice to legislators (by invitation) at the Palace of Westminster, London, October 2009, and at the European Parliament, Brussels, March 2010.

Jackie Hodgson’s empirical criminal justice research has resulted in the creation of new legal professional standards enforced through a mandatory scheme of accreditation for lawyers providing legal advice to those in custody.

At present the 10,000 individuals currently providing police station advice are all accredited under this scheme and around 3.3 million of the 8.2 million suspects arrested since 2008 have received legal advice by an accredited adviser under this scheme. The research has also had an impact at a conceptual level, reframing understandings of the role of lawyers and influencing policy in Scotland. Collaborative training with lawyers, NGOs and the Criminal Cases Review Commission (CCRC) has developed the skills of those providing advice and has thus contributed to capacity-building across the UK.

Her work has also had an impact on the implementation of policy in Scotland. The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 having made new provision for the right of a detained suspect to access to a lawyer, Hodgson, together with Jodie Blackstock from JUSTICE, provided training to more than 60 Scottish lawyers in 2011, to alert lawyers to the crucial importance of their newly established role at the police station and the need for personal attendance rather than telephone advice. The findings from her research and the impact of the reforms on practice were distilled into a short guide for those attending (Police Station Advice: Promoting Best Practice). Subsequently, in 2012, Lord Carloway’s Review of new arrangements allowing lawyers into the police station in Scotland, drew on this briefing and her earlier research in Custodial Legal Advice (1993) to highlight the importance of training in ensuring high quality provision of advice, as well as the importance of retaining the right to silence. Her study of the impact of legal representation The Extent and Impact of Legal Representation on Applications to the Criminal Cases Review Commission (J Hodgson and J Horne, 2009) has also had an impact on the Scottish Criminal Cases Review Commission (SCCRC), stimulating it to carry out its own assessment of the impact of legal representation, explicitly mirroring the study carried out by Hodgson.

Law School colleagues have helped to inform professional practice through delivering lectures to practitioners.

Christopher Bisping delivered a public lecture on ‘Predictability, Reliability and the Commercial Awareness of English Law in Comparative Perspective’ at QMUL Centre for Commercial Law Studies, 7 February 2013. This was attended not only by students and academics, but also by practising lawyers, with the event being CPD accredited.

Jackie Hodgson, together with colleagues from Warwick Business School (WBS) and Psychology, has built a network at chief officer level, of 12 police forces across England and Wales. The objective is to develop interdisciplinary research projects and there are already several small-scale projects in progress.

Kathryn McMahon was an invited commentator at an EU-funded workshop on Challenges Faced by Judges in Enforcing Competition Law; EU and National Perspectives in April 2013. She also participated in a workshop for judges of Eastern Europe and new accession countries, at the Florence Centre for Regulation, European University Institute, Florence. She has also delivered lectures on EU and UK competition law for Office of Water Regulator (OFWAT).

Paul Raffield is frequently asked to speak at the Inns of Court, on the history of these societies. In February 2013 he gave a keynote address at the Middle Temple on ‘Men of Violence, Men of Vision: John Davies and John Marston at the Middle Temple’.

John Snape delivered a talk on ‘Green Taxes in Winter: Parsing the Policy Explanations’ at the UK Environmental Lawyers’ Association at Herbert Smith in London on 23 September 2010.

Ann Stewart’s research on gender justice has improved standards in training judges and managers in Asia.

Between 1996 and 2002, Stewart was involved in a highly innovative gender and law judicial education project in India. Funded through the UK’s Department for International Development (DFID) in conjunction with the Indian Government, it was a development project, involving collaboration between the National Judicial Academy of India, Warwick Law School and the British Council. Its aims were to facilitate discussion of gender issues; to develop curricula for use within judicial training institutions; to develop training skills of key judicial staff; and to encourage the development of organisational change. Participants were drawn from the most senior ranks of the subordinate judiciary, the district and sessions judges, who are responsible for serious crimes and substantial civil matters. Most of the participants were involved in a final stage involving collective implementation via regional ‘pilot’ one day seminars attended by 35-50 fellow district and sessions judges from local and neighbouring states, at which they tested their materials and training capabilities. At the end of the four years the British Council obtained funding from the UK British Foreign and Commonwealth Office to conduct ‘roll out’ seminars across India. Over the course of the next two years 3000 judges attended three day workshops conducted by the most capable trainer judges using the collective materials overseen by Stewart. Subsequent follow-up interviews, carried out in 2010 found that the project has had a long-term effect on the individual participants, changing attitudes and encouraging behaviour change.

See further:

‘Gender and Judicial Education in India’ (2013) in (eds.) U. Schultz and G. Shaw, Gender and Judging (Oxford, Hart), pp 523-542.

'Globalising gender justice' (2007) Law, Social Justice and Global Development

‘Judicial Attitudes to Gender Justice in India: The Contribution of Judicial Training’, (2001) Law, Social Justice and Global Development.