The Director General of Fair Trading has recently won the first case seeking an injunction to restrain the continued use of unfair terms in consumer contracts. This represents only the tip of the iceberg in terms of the activity of the Unfair Contract Terms Unit established to enforce the Unfair Terms in Consumer Contracts Regulations. The sparsity of reported judicial decisions does not mean that the Regulations have been ineffective; far from it, numerous contracts across a variety of economic sectors have been amended following complaints made under the Regulations. It may still be early days in the battle against unfair contract terms but, as will be shown, the Regulations are proving to be a highly effective weapon in the consumer's armoury.

The purpose of this article is to examine the nature and potential impact of s 3 of the Human Rights Act 1998. The article draws upon the experience of courts in other Commonwealth jurisdictions which operate a similar provisions. The author analyses the nature of the interpretative technique, reading down, that s 3 requires and illustrates its potential by reference to a number of situations involving statutory imperfections such as ambiguity and overbreadth. The author also outlines the impact that s 3 may have on the exercise of statutory discretion. The author further argues that reading down should not be confused with more intrusive remedies, such as reading in, which are not available under the Human Rights Act.

This article examines and questions the nature of police immunity from claims for negligence in the investigation and suppression of crime, as stated by the House of Lords in Hill v Chief Constable of West Yorkshire. This issue has been discussed before the European Court of Human Rights in Osman v United Kingdom, where the court held that a blanket application of the immunity was contrary to art 6 of the European Convention on Human Rights. This article will argue that this decision does not overturn the basic public policy principles for the immunity stated in Hill and that further examination of this area of law is required. It is submitted that if the law is considered in terms of proximity rather than in terms of public policy immunity, a clearer understanding of the principles underlying this area of law can be reached together with the desirable goal of removing the term ‘immunity’ from this area of law.

One of the enduring features in Irish legal discourse in the postcolonial period is the manner in which the individual body has become a receptacle of contested meaning. In Ireland, with its birth out of a violent trauma based on a philosophy of blood sacrifice, the heroic patriot who dies in the service of his imagined nation is invested with particular symbolic capital and casts a traumatic shadow over discourses on death in Irish society. The nation is always already in the shadow of death, of the deathly apparition of the new nation, made hauntingly manifest in the photos of the dead body of the nationalist hunger striker Terence MacSwiney, as his corpse lay in state in 1920. This body being dead also signals the hope that, in the sacrifice of the individual for the national cause, liberation will one day come. This theme of the primacy of community over individual prefigured the manner in which in postcolonial Irish society the individual body of the citizen was relegated to a secondary position. The attempt to deny or repress death may be analogised with the similar attempt on the part of political elites to create a notion of political identity which is rigid and attempts to keep all those others associated with death and degeneration outside the body politic.

Drawing on the findings of a year-long empirical study of 15 charities in the county of Merseyside, this article examines some of the implications for charities of entering into the ‘contract culture’. Although not the focus of the empirical study as a whole, the particular aim of this article is to consider the effect of the contract culture on the typically small charity. After a brief consideration of the legal status of charities funding documents within the contract culture, a number of problems faced by small charities that are embraced by the contract culture, together with their legal consequences, are examined. A number of survival tactics for small charities are then discussed. In the light of the publication of the government Compact on relations between itself and the voluntary and community sector, a plea is made for more equal partnerships to be forged between charities and their funders within the contract culture.

In a number of high profile disasters, human and financial, in recent years, such as the Piper Alpha oil rig fire and the collapse of the BCCI bank, employees had concerns about the impending disaster but did not raise them for fear of repercussions at work. This has led to increased recognition of the role that employees can play in safeguarding the public interest. In 1998 legislation was finally passed to provide employment protection for employees who raise concerns about malpractice and wrongdoing at work. The Public Interest Disclosure Act 1998 (PIDA) provides protection against dismissal and detrimental action where employees make disclosures about a range of specified subjects. Protection is primarily aimed at internal disclosure, but the Act also provides a framework for raising issues externally. This article examines the provisions of the Act and assesses its potential to protect those who risk their livelihoods to raise concerns that are in the public interest.