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4 ISLRev 1 (2016-2017)

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                                  Welcome to the IALS Student Law Review

Welcome to the Winter 2016 issue of the Institute of Advanced Legal Studies Student Law Review

Now approaching its fifth year, it is a pleasure to see the ISLRev continue to contribute to academic
knowledge by offering scholars and practitioners the opportunity to be instrumental to knowledge with
their articles by addressing contemporary issues in numerous jurisdictions and from multi-disciplinary

This issue of the ISLRev includes papers on: the doctrinal underpinning to Gains Based Remedies;
the individual and the management of public affairs; common intention constructive trusts and the
disputes arising in non-married couples; challenges in accessing Personal Independence Payment
(PIP) and; difference between proportionality and Wednesbury unreasonableness review under the
Human Rights Act.

We hope that the readers of the ISLRev will find this latest Issue engaging. If other authors feel
inspired to write a piece in response or submit a new article on current issues to the ISLRev, we
strongly encourage you to do so. Our editorial board is composed of PhD students eager to review
scholar articles, notes and work fruit of empirical observation, providing feedback when needed. We
always aim to engage with the authors, no matter the drafting stage of the articles, because we know
how valuable is to obtain a professional feedback that helps us all to improve.

In this issue:

Tom Stafford examines the phenomenon of Gains Based Remedies and the seeming lack of unity
that baffled commentators who have tried to search for an underpinning doctrine. The article
discusses the flaws in breaking down these remedies into categories by suggesting that any search
for a doctrinal underpinning to Gains Based Remedies is misguided. It argues that awards granted
have only one feature common which is the claimant's loss is, that is impossible to assess, so the
courts use as the only measure of the wrong available, the defendant's gain.

Mirko Pedarid addresses the theme of the individual in contemporary society in an attempt to
enlighten the fundamental human right of participation in the management of public affairs aimed at
implementing new systems of public participation. Looking at different perspectives, such as those of
the individuals, public servants, governments and their relations directions, provides that the public
administration could be upgraded though representative bureaucracy, making citizens active
members and bringing the right to participate in the public life to a new level, namely that of
management by the managed.

Ben Fullbrook examines the current state of the law about the use of common intention constructive
trusts to determine disputes arising from the breakdown of relationships between cohabiting, non-
married couples and maintain certainty with regard to property ownership while striking the right
balance. The article analyses the key cases that have been heard in the senior courts about this
matter and identifies key issues with the current state of the law. By analysing the Cohabitation Rights
Bill, it suggests that the Bill is unlikely to overcome any of these issues because it seeks to increase,
rather than reduce the role of the courts and suggests that the law should be simplified such that
couples are allocated the same portion of the beneficial interest unless they expressly declare

                                  IALS Student Law Review I Volume 4, Issue 1, Autumn 2016, pp 1-2 I Page 1
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