Deputy Director authors article on new development in the law of trusts

Scott Atkins, Deputy Director of the Truman Bodden Law School, has just had a short article published in the peer-reviewed Oxford University Press journal Trusts & Trustees, in which he comments on the recent English decision of Solomon v McCarthy.

Scott said, ‘The decision of the English court concerned a novel point in the law of Trusts over whether a particular trust of land had to be evidenced in writing. The case concerned whether a recognized exception to that principle could be extended to a new situation; the court held it could not. Given the importance of this case, I felt it worthy of comment and was pleased when the renowned Trusts & Trustees journal accepted it for publication.’

Mitchell Davies, Director of the Truman Bodden Law School, said, ‘I am delighted that Scott’s article was published and it shows the contribution that the staff of the Law School continue to make to the understanding of both English and Caymanian Law.’

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Panades features research on British Overseas Territories in journal

TRUMAN BODDEN LAW SCHOOL LLM Course Leader Laura Panades’ research is in the spotlight.

The European PPP Law Review journal has published her paper on competition in British Overseas Territories.

Her research shows how to make public contracting more competitive.

Competition is a force for good. It dispels corruption and encourages local businesses to innovate. This makes sure that Cayman’s public money is well spent.

The study looks at publicity of laws, accessibility of open tenders, publication of contract awards, local economic preferences and ethics in Government.

The Cayman Islands scores best. The sample also includes Bermuda and the Turks and Caicos Islands.

This publication underwent a double-blind peer review.

An earlier version of this research was featured in the ‘Public Procurement: Global Revolution’ Conference. This is the leading event in the field. It took place at the University of Nottingham in June 2019.

Findings feed into the LLM in International Finance. The programme hosts a module on the Law of Public-Private Partnerships. In this course, students learn how Governments worldwide contract goods, works and services from the private sector.

Laura Panades, LLM course leader and author of the research, said:

“This new publication engages with Cayman and its sister nations of the British Overseas Territories.

“This conversation will lead to improvements all across the Caribbean region.”

Mitchell Davies, Law School Director, said:

“This publication strengthens the research profile of the Truman Bodden Law School.

“Laura’s research provides a further opportunity for TBLS students to access first hand, cutting edge, internationally leading research.”

FURTHER PRESS INFORMATION AVAILABLE FROM:

Laura Panades: laura.panades@gov.ky

Tel: 945 00 77 (ext. 229)

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O’Brien and Minty publish article in Public Law (PL) journal

TBLS lecturers, Derek O’Brien and Rhian Minty, have recently had an article accepted by Public Law, the leading journal in its field in the UK. The title of the article is “The Challenges of Multi-layered Governance and the Fight for Same Sex Marriage in Bermuda and the Caribbean Overseas Territories”.

The article examines the two most recent judgments of the Bermudan and Cayman Courts of Appeal regarding the constitutionality of the prohibition on same sex marriage in each territory. The article adopts a contextual approach which takes account of the surrounding political, social and cultural forces that have informed the debate about the issue of same sex marriage in both jurisdictions. The article further considers the UK’s constitutional responsibility for the implementation of human rights norms in Bermuda and the Caribbean Overseas Territories. The article concludes by offering a critique of the UK Government’s response to the refusal of the governments of Bermuda and the Caribbean Overseas Territories to permit same sex marriage in their territories.

Further press information available from:

Derek O’Brien (Derek.O’Brien@gov.ky)

Rhian Minty (Rhian.Minty@gov.ky)

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