Fairness in Law-Making

A Conference in the Moot Court Room, School of Law, Queen’s University Belfast

Friday 19 May 2017

8.30 – 9.00Registration

9.00 – 9.10Welcome and Introduction

9.10 – 10.40Panel 1: The Concept of Fairness (Chair: Dr Rachel Killean, Queen’s University Belfast)

Prof John Linarelli, University of Durham: Debt in Just Societies

Prof William Lucy, University of Durham: Private Law and Distributive Fairness

Dr Dug Cubie, University College Cork: Equity and Fairness in Climate Change Dialogue

Dr Simon Beard, University of Cambridge: Fairness, Equity, Precaution and Disaster, Law: The Case of the Great East Japan Earthquake

10.40 – 11.00Coffee / Tea

11.00 – 12.30Panel 2: Fairness in Consumer Protection (Chair: Dr Alex Schwartz, Queen’s University Belfast)

Prof Elizabeth Macdonald, University of Swansea: Fairness under the Unfair Terms in Consumer Contracts Directive

Ms Lana Ashby, University of Durham: A Counter-Narrative on ‘Fairness’ in Contract Law: A Holistic Account of Fairness under the Consumer Rights Act 2015

Dr RadosvetaVassileva, University College London: On the Diverging Conceptions of Fairness in English and Bulgarian Contract Law: The Peculiar Journey(s) of Roman ‘Causa’

Dr David Capper, Queen’s University Belfast: Specific Performance of Contracts for the Sale of Land – Fairness in Judicial Law Making

12.30 – 1.30Lunch

1.30 – 3.00Parallel panels: choose Panel 3(a) or 3(b):

Panel 3(a): Fairness in Commercial Relationships (Chair: Prof Spencer Waller, Loyola University, Chicago)

Dr Ronán Feehily, Middlesex University Mauritius [by Skype]: The Compulsion to Mediate; Commercial Conflict Panacea or an Unjust Response to Systemic Pressures and Court Backlogs

Dr Maciej Bernatt, University of Warsaw, Achieving Fairness without Sacrificing Expertise: a case of Competition Law

Dr Marek Martyniszyn, Queen’s University Belfast:Fairness and Due Process in EU Competition Law Proceedings

Prof James Davey, University of Southampton: Fairness as Proportionality in Commercial Remedies: The Strange Case of Schedule 1, Insurance Act 2015

Panel 3(b): Fairness in Criminal Justice and Disciplinary Procedures (Chair: Ms Clare Patton, Queen’s University Belfast)

Mr Jeremy Dein QC, London: The Unfairness of the Criminal Trial Process in the UK

Dr MicheálÓ Floinn, University of Southampton: The Concept of ‘Idem’ in the European Courts: Extricating the Inextricable Link in European Double Jeopardy Law

Prof Anthony Bottoms, University of Cambridge: Fairness in Sentencing for More than One Crime: An Example of Judicial Law-Making

Dr Richard Kirkham, University of Sheffield: Procedural Fairness in Fitness to Practice Hearings: Sanctioning Social Workers

3.00 – 3.30 Tea / coffee

3.30 – 5.00 Panel 4: Fairness and Equality(Chair: Prof Brice Dickson, Queen’s University Belfast)

Dr ZsoltSzabó, KároliGáspár Reformed Church University, Budapest: The Principle of Fairness in Parliamentary Procedures

Dr NazimZiyadov, Antalya International University, Turkey: Justice Leading to Injustice: Using European Consensus to Build a Separate but Equal Doctrine

Prof Carol Daugherty Rasnic, Virginia Commonwealth University, USA: Is Affirmative Action in Employment and Higher Education Fair, Even if it is Constitutional or Statutory?

5.00Close

6.00Dinner at Deane’s at Queen’s