Shaping a better world: Research with impact

Law School

Shaping a better world Research with Impact

‘We are leading the way in some of the most innovative areas of legal research. The exciting diversity of our research is crystalising in real opportunities to shape a better world.’

Professor Ken Oliphant, Head of the University of Bristol Law School

Since 2016, the Bristol Law School has tripled overall research grant income from approximately £1.7 million to over £5 million - and achieved top 10 status in influential University rankings*.

In the same period, the Law School has doubled in size, with twice the number of academics and PhD students and a greater percentage of BAME staff and women in senior roles.

Increased diversity in our research has translated into 16 specialised postgraduate programmes that reflect the world-leading expertise of the academics in our research community.

For the 2014 Research Excellence Framework (REF) the Law School submitted research from over 90% of academic staff and ranked fifth for research intensity.

* A top 10 UK Law School (Complete University Guide 2021 and 2022, the Times Higher Education World University Rankings for Law 2021 and QS World University Rankings for Law 2021)

Foreword Welcome to the University of Bristol Law School. This review captures how growth has positioned us well to respond, with impact, to the challenges of a rapidly-evolving world.

In recent years we have grown in numbers, strength and ambition, committed to producing world-class research to address society’s most pressing needs, and the regulatory and governance challenges of our times.

These challenges are complex and multidimensional, involving issues of law and social justice in a rapidly evolving political, economic, and social environment. To meet the challenges, we’ve needed to build upon and extend our existing research strengths, whilst creating a liberal, inclusive and enabling research environment that promotes excellence.

We’ve enhanced our research efforts by expanding and developing our research specialisms, coordinating cross-disciplinary endeavours and embracing a diverse community of scholars and legal scholarship that transcends traditional disciplinary boundaries.

First and foremost we are a School of people: a group of individuals that share the same common purpose - and recognise that high quality research and top class education flow from a supportive academic culture.

Maintaining a good balance between senior and early-career researchers to facilitate intergenerational collaboration and mentoring is essential, enabling all members of our research community to flourish and fulfil their potential.

We have been challenged and inspired on many fronts. A global pandemic, Brexit, the gig economy, disruptive new technologies, Black Lives Matter, the climate crisis, #MeToo and much more, all impacting the law, society, and our own moral and ethical responsibilities.

We’ve celebrated some significant milestones including 100 years since World War 1 and universal suffrage, 75 years of the United Nations and the 10th anniversary of the Equality Act. We take pride in how far we’ve come - while acknowledging how much further there is still to go.

Throughout, our academics have been at the forefront of legal and public debates, engaging with our civic community, able to respond quickly, collaborate effectively and deliver the highest standards of research excellence.

Law is complex and challenging – and constantly evolving. Our ability to promote positive change is what inspires us and those we teach. Through our work we really can shape a better world.

Professor Ken Oliphant Head of the University of Bristol Law School

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‘I am continually reminding myself of how grateful I am to be able to follow my passions and be in an academic environment conducive of intellectual critical thinking with an orientation to better serve the needs of society around us.’ Yentyl Williams, PhD student

Read the full Interview Yentil Williams talks about her experience of the MSc in Socio-Legal Studies as a PhD Foundation Year.

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Shaping a better world How we are having an impact Reducing incidence of torture Protecting workers in a pandemic Reinventing health law Legislating for a digital world Promoting social justice through trade Reimagining family law Developing early career researchers Creating a dynamic community of scholarship Inspiring the next generation Influencing and shaping case law and legislation Our role as a civic university Looking forward

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Shaping a better world We are home to world-leading research centres – generating meaningful impact that is recognised by both academic and non-academic audiences for its quality, significance, rigour and relevance.

Our centre-led approach builds upon the foundations laid by our the Human Rights Implementation Centre (HRIC), established over 10 years ago. This centre is a base for stimulating grants, collaborative research, conferences and workshops in areas such as torture prevention, the African human rights system and the implementation of human rights standards.

There is also a strong community of PhD researchers working in this centre, and it provides the basis for a specialist LLM in Human Rights.

The HRIC model has inspired the introduction of a number of more recent centres which consolidate groups of researchers in order to deliver pioneering research.

IMAGE: Gaia, a giant earth installation by Bristol-based artist Luke Jerram, on display in the Wills Memorial Building’s Great Hall.

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Our research centres Centre for Global Law and Innovation (CGLI)

Centre for Law at Work (CLAW)

CGLI brings together scholars with an interest in drivers of innovation and global regulatory trends in law. Taking a broad and inclusive approach to innovation, the work of our members focuses on areas such as trade, procurement, investment, finance, intellectual property, information technology, regulation and health law.

CLAW is pushing the boundaries of labour and work. Embracing a wide range of methodological approaches, its members combine internationallyrecognised research profiles with a wealth of experience working in both the legal profession and with organisations that are responsible for policy-development and professional regulation.

Centre for Health, Law, and Society (CHLS)

Human Rights Implementation Centre (HRIC)

CHLS reflects the Law School’s exceptional research strength in health-focused legal studies and is recognised as an outstanding centre of excellence for research in the field. It examines the diverse roles for law and governance as mechanisms to address health and well-being. It looks across society and governmental sectors at broad-ranging questions including regulation of health care, reproductive justice, mental health and well-being and public and global health.

The HRIC is widely recognised as a leading institution for the implementation of human rights, working in collaboration with a number of organisations and bodies, including those in the United Nations, the African Commission on Human and Peoples’ Rights, the Council of Europe, governments and organisations at the national level.

Centre for Law and Enterprise (CLE)

CLE is an international centre of excellence for critical scholarship, teaching and public engagement dedicated to progressive and innovative thinking around the business enterprise.

Centre for Law and History Research (CLHR)

The work of CLHR consolidates scholarship in legal history in the School. It brings together expertise in the history of law over many centuries and several jurisdictions, adopting a variety of methodological perspectives.

Research Hubs

We have established various Research Hubs to support and consolidate cognate research activities in order to enable a coherent and timely legal response to emerging social and political issues. The Law School Coronavirus Research Hub brings together the work of academics at the forefront of global efforts to formulate legal responses to the COVID-19 pandemic both now, and in the longer term. Another research hub was set up in response to the 2016 EU referendum to support our researchers in their attempt to shape the debate and to provide advice on the diverse constitutional and economic implications of Brexit.

Centre for International Law (CIL)

The Centre for International Law provides an interdisciplinary platform for collaboration, engagement with external institutions, and the dissemination of internationally-recognised research tackling some of the most pressing international challenges of our time.

‘Ambitious and cutting edge our research continually advances legal thinking on the most important and challenging questions of today’s global society. 85% of our research is classed world-leading (4*) or internationally excellent (3*).’ REF, 2014 5

How we are having an impact ‘Virtually every aspect of the human experience is shaped by the law. Working collaboratively across the social sciences and beyond, the Law School’s research tackles the full spectrum of challenges and dilemmas facing global society, with colleagues engaged in innovative and original research projects that are making a significant impact on lives around the world.’

Professor Deborah Wilson Research Director, Faculty of Social Sciences and Law, 2017-2021

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IMAGE: BRISTOL, UNITED KINGDOM Extinction Rebellion protesters take over Bristol city centre as part of their 2019 Summer Uprising campaign raising awareness of environmental issues.

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Impact: Human Rights Implementation Centre

Reducing incidence of torture Over 10 years of research by the University of Bristol’s Human Rights Implementation Centre has led to significant advancements in the monitoring of places of detention and where individuals are deprived of their liberty, reducing the likelihood of torture or other ill-treatment taking place.

The Human Rights Implementation Centre is one of the leading organisations working on the prevention of torture and ill-treatment worldwide. It has changed standards, policies and practices of supranational bodies including the UN Subcommittee on Prevention of Torture and the African Commission’s Committee on Prevention of Torture in Africa. It has facilitated the adoption of legislation and modification of government policies whilst both influencing the establishment and enhancing the work of those independent national bodies that have a remit to prevent torture. This has impoved the monitoring of places of detention and deprivation of liberty - and reduced the likelihood of torture or other ill-treatment taking place.

A ground-breaking monograph by Professor Sir Malcolm Evans and the Centre’s co-founder, Professor Rachel Murray in 2011, was the first to analyse the UN Optional Protocol to the Convention Against Torture (OPCAT) - which requires States to establish independent ‘National Preventive Mechanisms’ (NPMs) to monitor places of detention.

This provided the intellectual underpinning for a further programme of research* that enabled HRIC to investigate: • • •

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the effectiveness of NPMs in implementing OPCAT and preventing torture and ill-treatment the factors affecting the translation of international treaties at national level the measures for preventing torture at the supranational level

* Funded by the AHRC, European Union and UK Government 2010-2016

‘Being based in a university, the Human Rights Implementation Centre provides a neutral and often a confidential space, that brings people together to achieve positive, tangible results.’ Professor Rachel Murray, Director Designing National Preventative Mechanisms (NPMs).

NPMs raising standards in psychiatric care. Professor

HRIC identified numerous factors that determine the effectiveness of an NPM. Some of these are within the remit of the State authorities - such as how much funding the NPM receives and the level of independence it gives to the NPM - or depend on the political context of the State.

Others relate to how the NPM conducts itself, its strategy and priorities, how it engages with other actors, including civil society, and the integrity of its members. The research established that there is no single organisational model that is more effective than others. What is needed is flexibility in design and approach.

Judy Laing is an expert on human rights and mental health law and a member of the Care Quality Commission (CQC) External Advisory Group on Mental Health Act monitoring. Together with Professor Murray she was commissioned by the CQC to conduct research on monitoring human rights in psychiatric facilities. In the Commission’s 2013-2016 strategy ‘Raising Standards.

Putting People First’, the CQC stated that the findings would inform what they do and develop their monitoring under the Mental Health Act (MHA) in line with its responsibilities under OPCAT. The CQC has since adopted Laing’s recommendations to explicitly include human rights standards in its work and amended its monitoring reports accordingly, particularly in terms of better reflecting patients’ voices.

Translating international anti-torture obligations into domestic law and practice. HRIC research explored the

challenges that State actors around the world face in translating their international anti-torture obligations into national law and practice. The prevention of torture and ill treatment necessitates, for example, particular methodologies when visiting places of detention to detect potential violations and not just those that had already occurred. The research from staff in the HRIC also examined the procedures by which actors, including State authorities, are able to engage with the supranational level - and the ability of those supranational bodies to consider regional and national differences whilst upholding international standards. Between 2010-2019, the HRIC worked with a variety of partners to develop practical tools to enable State practitioners to prevent torture and other ill-treatment and provide remedies for victims. This included a package of guidance notes and checklists, pilot-tested in six African States to improve the domestication of, and compliance with, OPCAT. Improving torture prevention across States. HRIC research has demonstrated impact in preventing torture, influencing the methods and strategies of supranational bodies, the choices they make about the States they visit and their role with respect to government and national bodies. It has worked with the UN’s Sub-Committee on Prevention of Torture (SPT), of which Professor Sir Malcolm Evans was Chair, and of the Committee on Prevention of Torture in Africa in particular. HRIC research highlights the importance of such connectivity between the national, regional and international levels.

Impact highlights

‘[Laing’s research] has had a

direct impact and influence on our work as ... the body specifically charged under the Mental Health Act with monitoring its powers and duties in the detention and/ or treatment of psychiatric patients.’ Care Quality Commission (CQC)

Find out more Visit our research pages to find out about the impact of this work in Rwanda, Ireland, the UK and globally.

Centre Showcase: Centre for Law at Work

Protecting workers in a pandemic Researchers from the Centre for Law at Work (CLAW) responded rapidly to Covid-19, working with partners from across society to understand the far-reaching impact of the pandemic on workers around the world.

The Centre for Law at Work was launched in 2018 and is a home for one of the largest cohorts of labour lawyers in one university. Its aim was the study of employment law beyond established boundaries, examining issues related to work across a range of legal and extra-legal disciplines. The pandemic facilitated this work, providing the platform to secure funding and lay the foundations for future impact.

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Most recently, Dr Jennifer Collins made a successful application to the UKRI for funding of a new research

project. ‘Fraud During a Pandemic: Identifying and Appraising New Challenges for the Criminal Justice Response in England and Wales’. The project aims to protect companies and their workers by addressing the new vulnerabilities of systems, organisations and members of the population being propelled by sophisticated cyber enabled schemes.

‘The Centre was formed to use the critical mass of scholars we have to cover the entire gamit of law at work. Our response to the pandemic illustrates the diversity of our research.’ Dr Manoj Dias-Abey, incoming Director 2021 Other projects borne out of a response to the pandemic include those that tackle issues relating to racial, gender and social inequality - and the associated wellbeing of workers: Reshaping early years care: For millions of parents

with young children, juggling work and childcare is a long-standing challenge. The Covid-19 pandemic added further layers of complexity and is leading to changes which threaten to widen inequalities in society and the workplace. The Covid-19 pandemic has affected those providing childcare in different ways: nurseries being forced to close, parents looking after young children while home working for extended periods, and grandparents and other family members being unable to provide care due to pandemic restrictions. The Law School’s Dr Katie Cruz, is part of a research team that was awarded funding of more than £430,000 from the Economic and Social Research Council (ESRC) to assess the impact of coronavirus on early years childcare provision in the UK. Demanding compassionate leadership: In partnership

with Social Value UK, Professor Charlotte Villiers has created a guide for coping in the workplace with Covid-19, and how employers can be a responsible leaders for their teams and the environment in which they work. As the lockdown is lifted many businesses will struggle to recover, leaving people without work or more insecure than ever before as their social and economic well-being suffer. Such a traumatic event requires a compassionate response from employers to enable their workers to cope with the challenges they face. This issue was explored in a Covid-19 special issue of Futures of Work.

Furloughing and Fundamental Rights: In a series of UK

Labour Law Blogs, Professors Alan Bogg and Michael Ford QC, raised awareness of the urgent need to clarify the interaction of the Coronavirus Job Retention Scheme with a host of existing employment rights. A key question was the intersection between ‘furloughing’ under the Scheme, and the right to paid annual leave. The issues raised in these blogs were explored further in an Industrial Law Society webinar, ‘Problems with the Coronavirus Job Retention Scheme’.

The Coronavirus Job Retention Scheme and pregnant workers: In a short Advice developed for the UK Charity,

Maternity Action, Professor Michael Ford QC addressed a specific problem which had arisen in relation to how the Coronavirus Job Retention Scheme applies to the many pregnant women sent home on sick leave by their employers and paid Statutory Sick Pay in the mistaken belief by employers that they were required to self-isolate.

COVID 19 and Labour Law in the UK: In an Italian labour

law article, Professor Tonia Novitz discussed the UK Government’s tardy response to the Covid-19 pandemic outlining that the measures taken were disappointing, being predominantly concerned with protecting business and preserving their confidence, while limited assistance was provided to the most vulnerable, precarious workers.

She also explored the downplaying of issues relating to health and safety and lack of focus on gender. This contributed to a larger comparative project in which researchers from 40 countries are participating.

More details on the projects featured here can be found on our Coronavirus Research Hub.

Watch our film Find out more about the people behind the Centre for Law at Work - and why it has become such a special place for both its researchers and students.

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Alumni profile: Workers’ rights

Professor Michael Ford QC LLB 1986. Professor of Employment Law 2015-2021

A renowned employment barrister, a one time member of the GB international cycling team, and a legal champion for workers’ rights, Michael Ford QC returned to the University of Bristol and academic life for a period between 2015 and 2021. Here we find out about the man behind the wig, the court cases he’s most proud of - and his passion for cycling.

For many becoming silk would mark the pinnacle of their career. What led you to take the path back to academia?

I always had it at the back of my mind to return to academia.

With more than 20 years in practice and writing on labour law I felt I could make a significant contribution. Employment rights are increasingly taking a poor second place to economic interests and access to justice is becoming a major problem.

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In theory, there are many legal rights, but in practice fewer and fewer people have the money, knowledge or support to enforce them. Other means of ensuring fairness at work, such as collective rights, are under siege. This opened up huge opportunities for research both for me - and for the students I hope I have challenged in this area.

‘ There are many legal rights, but in practice fewer and fewer people have the money, knowledge or support to enforce them. Other means of ensuring fairness at work, such as collective rights, are under siege. This opened up huge opportunities for research both for me - and for the students I hope I have challenged in this area.’ Professor Michael Ford, QC Beyond research, how did you support students to prepare for a career in law? I’ve worked as a solicitor in the

City, at two sets of chambers at the Bar and, certainly in the beginning, covered a wide range of areas in law.

I’ve also been involved in work for NGOs, such as the TUC and The Equality and Human Rights Commission. With this experience I hope I have helped students gain a solid understanding of what both sides of the profession are like – from the richest to the poorest – and what other areas of work a law degree can lead to.

You’ve been involved in many high profile cases. Which one made you most proud and why? I’m very proud

of being part of the teams involved in developing the arguments for the European Court of Justice in cases such as Beckmann v Dynamco, Stringer v HM Revenue and Customs, Williams v British Airways and Lock v British Gas. All these were tough cases, often with set-backs along the way, but we ended improving the law for workers in the UK and the EU. Then there are cases which went to the Court of Human Rights in Strasbourg, such as ASLEF v United Kingdom and RMT v United Kingdom – a case affecting the holiday pay of all workers in the EU. The Court of Appeal had said our arguments were hopeless, but the Court of Justice and the Supreme Court upheld them.

I’m equally proud, however, of being involved in cases at the other end of the system. In particular, I think of an equal pay litigation case for 1000s of women employed by local authorities in Wales, taking place in Cardiff employment tribunal. This involved working for several months in a small team, gathering evidence and working through difficult legal arguments,

always against a side with ten times the resources. But the case that stands out above all the others is R(UNISON) v Lord Chancellor, in which the Supreme Court held that tribunal fees were unlawful, and where I was instructed by the Equality and Human Rights Commission. The case is the leading authority on the common law right of access to the courts, and it had a huge effect on claims brought by workers across the UK, especially those bringing claims for small amounts. UNISON had lost at every stage in the courts below, twice in the Divisional Court and then in the Court of Appeal, so everyone thought we would lose again in the Supreme Court. When Lord Reed read out the decision on the day, tribunal fees were abolished with immediate effect. It was a very emotional day.

You spent many years cycling fulltime. What came first, your love for cycling or your interest in law?

My love of cycling came first by a long way. I had no interest in law at all when I was 18. I was supposed to go to Oxford to read English, not Law, but I’d had enough of studying and decided I’d rather race cycles instead. I spent about four years racing pretty much full-time, and rode all over Europe - in Belgium, Holland, France, Germany and Poland. After a while, though, I realised that it might be a good idea to go to University and I didn’t have the talent of the very best cyclists. So I applied to read law at Bristol and that’s how I came to discover what a great city Bristol is, and what a great place Bristol University is to study. I remain forever grateful to the wonderful tutors I had there who nourished my intellectual interest in the subject and raised my horizons.

What advice would you give a student considering law? I remember finding

the subject very difficult when I arrived at Bristol, perhaps because I’d spent too long crouched over a bike. My advice would be to read as much as you can, even if some of it doesn’t make sense at first, just to start to follow the unique style of legal reasoning. Above all, you should think critically about it. Don’t be daunted by the amount of material; law isn’t about memory. And don’t just accept the apparent authority of the judge or academic – I’ve seen all too often how judgments (or arguments) that advanced with great certainty have been torn apart once analysed closely.

But don’t fall into the opposite trap, regrettably increasingly common, of thinking that legal reasoning is politics by other means. Importantly, make sure you do plenty in the first year other than just law. There’s so much else to a University, both academic and social, and you should benefit from this great opportunity. Finally, get to know what a great city Bristol is!

Why did you decide to leave academia? In 2020 I was appointed

a Deputy High Court judge, I was still doing some interesting cases at the Bar, plus I wanted to continue cycling at a high level. Something had to give and, in the end, I decided it was academia.

The challenges of teaching large numbers of students via Zoom and other forms of technology were, I’m afraid, too much for someone who still works with Wordperfect.

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Centre Showcase: Centre for Health, Law, and Society

IMAGE: At the CHLS annual symposium in 2018, the keynote lecture was given by Dame Clare Gerada, former Chair of the Royal College of General Practitioners (RCGP).

Reinventing health law The Centre for Health, Law, and Society is recognised as an outstanding centre of excellence for innovative research in health-focused legal studies. Its members provide guidance to help shape the law and influence debates on some of the most important advances in the regulation of health in society.

Informing debates on the ‘nanny state’: Professor John

Coggon was commissioned to produce a report for the UK Faculty of Public Health on the ‘nanny state’ debate and its implications for policy and practice (2018). At the heart of the report was the question of whether laws designed to promote healthier lives - for example through legislative strategies on obesity or tobacco - unacceptably infringe people’s rights. The resulting report was circulated to ministers in Westminster, the European Parliament and members of the Scottish Parliament.

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Preventing non-communicable diseases: Professors Keith Syrett and John Coggon secured roles as co-investigators on two major UK Prevention Research Partnership (UKPRP) Consortia Awards, totalling £12.5 million over five years. The projects aim to tackle non-communicable diseases (NCDs), which make up the vast majority of illnesses in the UK and account for an estimated 89 per cent of all deaths. Coggon is looking at unhealthy urban planning and development.

Syrett is investigating the commercial determinants of health and health inequalities - the approaches used by commercial producers of tobacco, alcohol and food to promote products, influence policy and people’s choices, which in turn impacts on our health as a population.

‘The Centre for Health, Law, and Society was founded to promote legal research using multiple and diverse methods and approaches, applied to challenges faced across society and sectors.’ Professor John Coggon, Co-Director 2017-2019 Protecting interests of patients lacking decisionmaking capacity: Professors Judy Laing and Sheelagh

McGuinness were part of a Bristol team to receive a Wellcome Trust Collaborative Award worth £1.5 million.

The project, ‘Balancing Best Interests in Ethics and Law’, investigates how the best interests of patients that are unable to make decisions for themselves because they lack mental capacity or competence, should be understood. The research includes decisions made by the state for children – as was poignantly illustrated in the widely-publicised case of Charlie Gard.

Professor John Coggon is also active in this area of work, including as Co-Investigator on a £1m Arts & Humanities Research Council grant. ‘Judging Values and Participation in Mental Capacity Law’ is an interdisciplinary research project that explores how the values of legal practitioners and judges influence the principles and procedures in mental capacity law, particularly in deciding whether and how persons with disabilities participate in legal proceedings about capacity and best interests.

Exploring public health ethics in practice: Professor John Coggon was commissioned by the Department of Health to co-author a paper ‘Public Health Ethics in Practice,’ to provide an introduction to public health ethics both as a philosophical field of inquiry and as an applied area that guides practice and policy. The document was produced on behalf of Public Health England, Public Health Wales, NHS Scotland and the Public Health Agency of Northern Ireland, in response to need expressed by the public health workforce across the home nations.

Monitoring reproductive health law: Professor Sheelagh McGuinness is a leading academic in the field of reproductive rights. She has been appointed to trustee positions to provide expertise in reproductive health law, ethics and policy to the British Pregnancy Advisory Service and the Irish National Screening Advisory Committee (NASC) - the establishment of which in 2019 marked a milestone for screening in Ireland.

Her ground-breaking report, ‘Death Before Birth’, has helped practitioners understand, inform and support the choices made by people who have experienced miscarriage, termination and stillbirth.

McGuinness subsequently co-authored a paper with PhD candidate, Louise Austin on ‘Medical Treatment, Miscarriages and Consent’. The paper was presented

by Austin at the 2018 Socio-Legal Studies Assocation Conference. The paper focused on research arising from the ‘Death Before Birth’ project and explored the current legislative framework for provision of information on, and consent to, options for disposal of pregnancy remains pre-24 weeks’ gestation.

‘We see staff, students and early career researchers equally contributing to debates and discussions of ideas and development of research.’

Professor Sheelagh McGuinness, Co-Director

Find out more Find out more about the activities of the Centre for Health, Law, and Society by visiting its website.

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Impact: Centre for Health, Law, and Society

Improving medical manslaughter cases Criminal prosecutions of health care professionals following their fatal mistakes are complex and controversial. An original and extensive body of research by Dr Oliver Quick has provided clarity, significantly impacting the policies and processes for managing the offence of manslaughter by gross negligence in healthcare.

Dr Oliver Quick’s research included the very first study to explore prosecutorial decision making in

cases involving health care professionals and informed national prosecution policy on the instruction of expert witnesses. This was important given that the very basis of liability (whether the negligence is gross) is contested and difficult to measure, and the considerable professional anxiety about the claimed negative effect of criminal law on patient safety.

Quick initially analysed how prosecutors constructed culpability in medical cases undertaking interviews

with senior prosecutors from the Special Crime and Counter Terrorism Division. He found that they relied on gut instinct and individual discretion and identified the absence of an objective system for classifying mistakes as gross. At the same time, Quick observed a strong reliance on expert evidence.

formal decision about whether or not to presecute, can significantly reduce both the stress for families of the deceased and the suspects - and the financial costs in terms of police and prosecuttorial resources.

Quick’s research has since informed the creation of new national policy and changes in the terms of

reference for instructing experts. Oral and written evidence was presented to the Independent Review of Gross Negligence Manslaughter and Culpable Homicide, commissioned by the General Medical Council. The CPS responded by significantly reforming its legal guidance in relation to gross negligence manslaughter through the creation of a 12 page document. Such detailed offence-specific guidance is highly unusual and highlighted the merits of working in collaboration with senior prosecutors at the CPS on areas not previously explored.

A subsequent study aimed to understand how experts exercised their freedom to interpret key questions of

culpability and causation. The research, based on firsthand accounts from those that had previously provided expert evidence in such cases, observed that experts went beyond providing medical opinion - enjoying too much freedom in terms of applying their own tests of culpability. Quick also questioned the consistency of process for instructing experts in the Criminal Justice System.

Lack of guidance for prosecutors and expert witnesses contributed significantly to delays in

proceedings. In response, Quick was given exclusive access to examine Crown Prosecution Service (CPS) files on medical manslaughter cases. The resulting research, produced in collaboration with Dr Danielle Griffiths (Sussex), was the first to measure the time taken to investigate and prosecute these cases. Reducing the length of time between the patient’s death, and the

‘[Quick’s] research findings caused me to reflect upon the safeguards we could put in place... The guidance was subsequently adopted into Crown Prosecution Service policy.’

Mr Neil Dalton, Senior Specialist Prosecutor Crown Prosecution Service, Special Crime and Counter Terrorism Division.

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According to the CPS, Quick’s research helped inform the assurance process, ensuring experts reached decisions

based on a full and accurate understanding of the law; the considerations they were properly required to assess; and the factual basis upon which the prosecution case would be put.

The research has also helped shape recommendations around the need for a shared understanding of gross negligence and a reformed memorandum of understanding

between key organisations working within the criminal justice system, informing the Department of Health Rapid Policy

Review into Gross Negligence Manslaughter in Healthcare. This recommendation, which has been accepted by Government, will enhance the consistent application of the law by the police, prosecutors, and coroners and enhance efficient decision making in such cases.

Dr Oliver Quick is Co-Director of the Centre for Health, Law, and Society.

Find out more Find out how this research helped secure a successful outcome in a landmark medical manslaughter appeal case (R v Sellu 2016).

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Centre Showcase: Centre for Global Law and Innovation

‘Anticipating the law’s response to emerging technologies, and with ambition to make a positive social impact, we are developing interdisciplinary research to gain an in-depth understanding of the practical implications of digital technologies and the ways in which law can be used to harness them to achieve higher levels of social justice.’

Professor Albert Sanchez-Graells Co-Director Centre for Global Law and Innovation

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Legislating for a digital world Innovation means different things in different contexts and the work and collaborations of the Centre for Global Law and Innovation members address a wide range of issues.

Research interests include the potential for disruptive technologies, including digitalisation and automation, to shape regulatory frameworks across legal disciplines.

A key priority for the Law School has been to develop our expertise and forge interdisciplinary research agendas within the University of Bristol and beyond. This led to the establishment of our Centre for Global Law and Innovation in 2020. Research on the regulation of emerging technologies represented a key strategic opportunity and opened up collaborations with STEM colleagues researching the most advanced current technologies - such as those based at the University of Bristol Cyber Security Group, Quantum Technology Innovation Centre and the Smart Internet Lab whose work all raise major regulatory issues.

Protecting videogame copyright. In 2020, the Law School

Reducing online harm: An early achievement of the Centre

of Professor Andrew Charlesworth who was co-investigator on the Privacy Flag project on personal data protection - a €4.5 million project that concluded in May 2018. The project looked at innovative ways to protect personal information while surfing the web or using apps. It established userfriendly monitoring and protection systems that represented a new generation of technology-supported initiatives to enable citizens to understand and control the ways in which their personal data may be captured and reused in the digital environment. Professor Andrew Charlesworth was also a member of the University of Bristol team that successfully bid for a Centre for Doctoral Training in Artificial Intelligence. The new Centre will train the next generation of innovators in humanin-the-loop AI systems, enabling them to responsibly solve societally important problems.

was the role Dr Asma Vranaki secured as the Policy and Regulation lead of the Research Centre on Privacy, Harm Reduction and Adversarial Influence Online (REPHRAIN) - an £8.6 million three-year UKRI Research Centre of Excellence established in 2020. Through world-leading interdisciplinary research, REPHRAIN will identify and address the widerange of online harms which citizens encounter in today’s data-driven economy including cyber-crime, disinformation, unlawful use of personal information, opaque data processing and weak data privacy rights.

Innovating in Intellectual Property law: The Centre’s

launch in 2020 also saw Professor Aurora Plomer awarded a prestigious Leverhulme Fellowship for a project on Intellectual Property and the Human Rights of Companies in Europe.

The project will review the jurisprudence of the European Court of Human Rights and evaluate the scope for protecting the intellectual property of companies in Europe in line with other international human rights treaties. This is particularly relevant in light of growing concerns about the use of international law by corporations to protect private commercial interests.

welcomed Dr Yin Harn Lee as a Lecturer in Law at the University of Bristol Law School. Her research focuses on intellectual property law, and in particular copyright law.

Her most recent projects deal with the status of videogame modifications under copyright law, and the challenges presented by copyright law for the preservation of videogames by cultural heritage institutions. She also has an interest in private law remedies, and in particular on the role of intellectual property disputes in remedial innovation Protecting personal data: The Centre incorporates the work

Find out more All the latest information about the activities of the Global Law and Innovation team can be found online.

Academic Profile

Professor Sarah Green Commissioner for Commercial and Common Law

As the nation embraced life online as never before Oliver Sanders QC talked to Professor Green about her journey from coder to Law Commissioner for Commercial and Common Law, her ambitious programme of reform, and the implications of emerging tech on both law and society.

Professor Sarah Green is Professor of Private Law at the University of Bristol Law School. In August 2019 the Government announced her appointment to the Law Commission as the Commissioner for Commercial and Common Law (CoCo) for a period of five years. Green’s primary focus in the role will be on her own area of specialist expertise – the law relating to the digital economy and emerging technologies. She describes her key mission as, ‘Updating and modernising the law to make it more accessible, effective and relevant for the digital age’. The importance of this was powerfully underlined when the COVID-19 lockdown was introduced, forcing even more of our everyday communications and transactions onto online platforms.

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Green read law and then industrial relations at Oxford University in the late 1990s (Balliol College and Saïd Business School), before working in the IT industry during the ‘dotcom boom’ of the early 2000s (at Accenture Plc) and then moving into academia (Birmingham, Oxford and, most recently, Bristol Universities). Although she now describes herself as ‘a dyed in the wool academic’, Green’s early career as a software consultant (‘essentially a coder’) clearly had a formative impact on her legal interests. After completing her Masters, she proceeded on what sounded like an enormously challenging journey from an ‘exciting and glamorous’ pitch

by Accenture at a graduate careers fair, to a ‘very intense’ three-week bootcamp at ‘Code School’ in Chicago and on to the construction of websites for the Sony Playstation 2.

‘My role as Commissioner is to update and modernise the law to make it more accessible, effective and relevant for the digital age.’ Professor Sarah Green Green’s experience in the industry has left her with a solid grounding in what she calls the ‘logical architecture’ of coding and an insider’s understanding of its immense practical potential and possible legal implications. Her fascination with the regulation of this area begins at ‘the intersection between property, contract and tort’ and has a particular focus on the treatment of ‘smart contracts’ (‘automated computer programmes or algorithms that can execute legally enforceable obligations without human intervention’), ‘digitised assets’ (such as cryptocurrencies and software) and artificial intelligence or ‘AI’.

As Commissioner for CoCo, Green has assumed responsibility for her team’s ongoing work on the reform of the ‘right to manage’ in leasehold, the protection of consumer pre-payments in the event of retailer insolvency and intermediated securities. She is also keen to start on work more squarely focused on smart contracts and digitised assets and has various other tech-related topics on her ‘wish list’ as issues that the Law Commission might be asked to look at during her tenure.

One legacy of Green’s time in industry may well be reflected in the stress she lays on the ‘absolutely essential’ role of stakeholder engagement and input in the work of the Law Commission: ‘Coming into this job as an academic I wanted to avoid any sort of ivory tower myopi. Speaking to stakeholders gives me and the team a completely different perspective. It forces you to have the humility to say “this is what I think is important, but I really need to know if it isn’t”.’

Green also emphasises the ‘invaluable’ contribution of the Commission’s in-house, seconded Parliamentary Counsel (at all stages, not just in producing draft legislation) and the ‘peer review’ function of all the Commissioners sitting together with the Commission Chair.

In addition to the above, Green has initiated a Commissionwide ‘AI and emerging tech incubator’ which she hopes to integrate into its processes as a standard stage for every project. The intention is that the incubator will operate as both a resource and a forum for facilitating the consideration of possible tech developments, which may present both problems and solutions. In this regard, Green stresses that AI and emerging tech have implications across every area of the Commission’s wider work. For example, the Criminal Law and Public Law teams have recently been considering cyber-crime and automated vehicles respectively and, in the CoCo context, the likely impact of quantum computing on the feasibility of ‘mining’ cryptocurrencies is already firmly on Green’s radar.

While at the Law Commission, Green is on leave from University of Bristol so retains her Chair there, although she reflects that she is at least able to enjoy a welcome break from marking papers for the time being. She takes on a truly fascinating subject at a critical time and the law can only benefit from her evident insight, energy and enthusiasm.

‘Professor Green takes on a truly fascinating subject at a critical time and the law, and her students, can only benefit from her evident insight, energy and enthusiasm.’

Oliver Sanders QC, 1 Crown Office Row

Read the full interview This is an extract from an interview originally published by Counsel Magazine in June 2020. Reposted with permission.

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Alumni Profile: Centre for International Law

Dr Clair Gammage From PhD to Associate Professor, International Economic Law

In recent years, alumna and Associate Professor Dr Clair Gammage has been carving out a name for herself as an expert in International Trade Law. She attributes her drive to create new knowledge in the field to a nomadic childhood, an inate sense of curiosity and a deep personal commitment to global justice. In this interview she talks about inspiration as a student, what it was like as an early career researcher here at Bristol and how Brexit has presented a platform for her research.

How would you sum up your research? My research explores

the specific intersections between international trade and gender, human rights, labour standards and sustainable development. I examine international trade rules through an interdisciplinary lens, including international political economy, to identify how international trade can contribute to development at local and global levels.

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Why did you choose to study law?

I chose to study law because I had a genuine interest in equality and justice, and I wanted to understand the rules that shape our behaviours in the pursuits of those social goals. I found the LLB programme rather dry until my final year when I studied European human rights law. I then decided to study the LLM in International Law and it was on this programme that I discovered World Trade Law.

What inspired your route to academia? Studying World Trade Law,

coupled with Law and Development, sparked my interest in the relationship between economic governance and global justice. I was extremely fortunate to be taught by leading academics in the field who exposed me to the vast scholarship in this area. They inspired me to apply for a doctoral programme.

‘At the heart of my academic work is a commitment to identifying ways to promote social justice and equality through trade. With the global challenges we face, it has real potential for impact.’ Dr. Clair Gammage Why did you choose Bristol to pursue a research degree? I joined Bristol in

2008 as an ESRC ‘1+3’ scholar, where I completed both the MSc Socio-Legal Studies and the PhD programme. With the excellent support of the Law School, I successfully defended my thesis, which provided a critique of the EU’s trade and development strategies with its former colonies, without corrections in 2013. My thesis formed the basis of my first monograph, which received critical acclaim for its innovative and interdisciplinary legal approach to regional trade agreements. I am now Associate Professor in International Economic Law and widely regarded as an expert in international trade and issue linkages (gender, human rights, labour standards and sustainable development).

What informs your scholarship?

My scholarship is informed by lived experiences – my own and others. I spent periods of my childhood in the UK and the USA, and my nomadic formative years instilled a deep sense of curiosity within me. Being curious is the most important attribute for an academic because curiosity drives us to challenge, to interrogate, and to problematise phenomena. My scholarly interventions in my academic writing and in my teaching are always informed by the desire to probe deeper into an issue to better understand its social, cultural, and economic effects in society. I am always curious to know how a legal rule at the multilateral level actually plays out for the individual living in country X.

How has Brexit shaped your research?

Brexit threw international trade into the spotlight, making the expertise of trade law academics more important than perhaps ever before in the UK. I have provided expert evidence before both the UK and EU Parliaments on trade issues, and I now work closely with government departments on trade and issue linkages. Brexit has given me the opportunity to engage closely with policy-makers, work with the media and even appear on the BBC – most of which would not have happened in the absence of Brexit. However, the real challenge still lies in raising awareness and understanding about international trade law and regulatory governance to enable more equitable trading practices that, in turn, can lead to higher levels of social welfare globally.

What changes to the world would you like to see? International trade has the

potential to raise standards of living and levels of development across the globe. Through the creation of equitable, sustainable and inclusive trade and regulatory regimes, we can promote social justice and equality. However, to effectively situate social justice at the heart of international economic law regimes, we need higher levels of empathy and understanding. It is our collective responsibility to make the world a better place to live.

My Brexit Timeline Feb 2016: Appointed co-lead of Trade

and Investment cluster in the EU Horizon 2020 Sustainable Market Actors for Responsible Trade (SMART).

Dec 2017: GW4 Initiator Award for project ‘South West and Wales Facing the Withdrawl from the EU: Mapping Needs, Strategies and Voice’.

May 2017: Book Launch, ‘North-South Regional Trade Agreements as Legal Remedies: A Critical Assessment of The EU SADC Economic Partnership Agreement.’

Dec 2019: Delivered expert evidence in the International Trade Committee’s Inquiry on the ‘Continuing Application of EU Trade Agreements After Brexit.’

Jan 2019: GW4 Accelerator Award for project, ‘Wales and South West Responses and Preparations for Brexit and UK Trade Policy.’

Nov 2019: Invited to speak at UK Trade

Policy Observatory and Chatham House conference ‘New Dimensions in International Trade Law.’ Feb 2020: Book launch to mark conclusion of European Commission project, ‘Sustainable Market Actors for Responsible Trade,’ in collaboration with Tonia Novitz 2021: Faculty Senior Research Fellowship

Funding for project, ‘The UK as a Trade and Investment Rule Innovation the Global Stage’ with Dr Joshua Paine.

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Impact

Reimagining family law The work of Professor Emma Hitchings tackles misconceptions of divorce and financial settlement. Her research has challenged and shaped understanding of how the law on financial and property cases on divorce play out in practice.

There is a dominant narrative of lifelong ‘big money’ pay-outs from wealthy men to their ‘gold-digger’ ex-wives which pervades the popular

consciousness and media coverage of high-profile divorce settlements – or financial remedies. This discourse is reflected in parliamentary activity, notably Baroness Shackleton’s House of Lords’ Divorce (Financial Provision) Bill which aims to limit periodical payments to ex-partners to five years.

However, such ‘big money’ cases are rare and Hitchings’s research focuses on more ‘everyday’ financial remedy cases. Around 100,000

couples divorce each year in the UK (ONS figures for 2020). Nearly half of these couples have children under the age of 16 (ONS figures for 2013) and approximately one third of all divorcing couples (Family Court Statistics Quarterly, 2020) will also pursue financial remedy orders to determine how finances will be split between the partners.

Hitchings’s research (jointly undertaken with Joanna Miles at Cambridge University) provides a powerful and vital counterpoint

to misleading stereotypes surrounding financial remedies and demonstrates why longer-term pay-outs can be essential in supporting families with young children. The research occurs in a context in which many women are less able than most men to deal alone with the economic shock of divorce.

Prior to the publication of Hitchings and Miles’ research, there was little empirical data on what actually happens in practice for most

divorcing couples pursuing financial remedy orders. This hindered policymakers’ ability to make informed decisions about the current state of these substantive areas of family law and the family justice system.

Their research has produced a more informed awareness of the impact of financial remedy law by contributing to high-profile, influential

debates and training sessions for the judiciary by countering damaging misconceptions surrounding financial remedy pay-outs,, and provided evidence towards the development of a new national system of specialist financial remedy courts in England and Wales.

Hitchings’s earlier work also influenced the Law Commission’s recommendations for law reform to safeguard individuals entering pre-

nuptial agreements. Hitchings’s qualitative study identified the pressure placed on individuals by their partner to sign a pre-nuptial agreement and emphasised the need for legal safeguards in any law reform which would make pre-nuptial agreements legally binding. This research was used extensively by the Law Commission in their final report (2014).

‘We are family too’: LGBTI Rights Dr Peter Dunne

Over recent years, Dr Peter Dunne (first left) has been active in advancing LGBTI equality. He co-authored a report on transgender and intersex equality laws in Europe for the European Commission (2018); he consulted for an EU workshop on trans and intersex discrimination for the High Level Conference on Advancing LGBTI equality in the EU; he has delivered training on trans and intersex rights at the EU Platform of Diversity Charters Expert Seminar on LGBTI Rights (Vienna); and he has advised Commonwealth policy-makers on the implementation of legal gender recognition laws (Malaysia) at the invitation of the Equality and Justice Alliance. Since 2018 he has been a Senior Expert for Sexual Orientation on the European Equality Law Network.

Find out more Further information about Hitching’s project and related research is available on our website.

IMAGE: In 2018, the Family Law Team welcomed the President of the Family Division, Sir Andrew McFarlane for a Question Time event with students.

Advancing public child law Professor Judith Masson

On her retirement in 2020, Judith Masson, Professor of Socio-Legal Studies, was appointed honorary Queen’s Counsel in recognition of her significant contribution to public child law. During her career, Masson undertook six major studies of emergency child protection and care proceedings that included informing the Family Justice Review reforms to care proceedings and a final study assessing the operation and impact of those reforms. The findings from these studies have been published and provide the basis for improved practice.

Masson worked with Parliament, the Family Justice Council, the Judicial College and the Family Justice Review, and taught students, lawyers, social workers, and judges, in the field of public child law.

‘ Judith Masson’s work has not only improved understanding of care proceedings and their effects, but has resulted in changes to the law.’

Ministry of Justice on confirming Masson’s appointment as an honorary QC.

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Developing early career researchers We recruit exceptionally high calibre students and support them to become successful, research-active academics. Our PhD students are fully integrated into the academic community and our Centres provide exciting hubs of activity for early career researchers exploring diverse areas of law.

A strategic objective of the Law School is to continue expanding our Postgraduate Research (PGR) community whilst ensuring the intellectual quality of our graduate students is not compromised.

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celebrated Bristol PGRs routinely obtaining academic posts in leading universities such as Cambridge, Birmingham, Cardiff, Exeter and Leeds - with many joining our own teaching team.

Over the past five years we have:

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provided generous financial support for academic activities such as conference attendance, summer schools, and supporting our PGRs with caring responsibilities.

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committed to ‘Graduate Teaching Assistant’ positions, providing secure funding for PhD students and supported participation in Law School teaching, for a sector-leading apprenticeship in the academic vocation. This reflects our vision of a sustainable academy based upon merit and excellence rather than social background.

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developed a shared physical space for our PGRs in Berkeley Square, with offices and social space for our research students, recognising the importance of place for a strong sense of community.

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increased the number of postgraduate research students by 40 %, with 70 now amongst us.

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created an environment that makes it possible for a majority of PGR students to receive scholarships, helping ensure that the brightest can pursue PhD study regardless of social background.

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doubled the amount of BAME students joining our community.

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seen 56 full-time PhD students complete successfully - with 52% of our full-time PhDs completing successfully in under 4 years, and 96% in under 5 years. We have also supported seven part-time students to successful completion, with 72% completing within seven years.

Find out more about joining our community of world class research: at www.bristol.ac.uk/law/research

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‘Academics here in Bristol are not only excellent researchers, they are also practitioners and have participated in the actual transformation of law,’ Matias Rodriguez Burr ( PhD 2021)

IMAGE: Matías Rodríguez Burr (PhD 2021) Associate at Aylwin Mendoza Luksic & Valencia in Chile.

Watch the video In this video Matias talks about why he chose Bristol and the Centre for Law at Work to embark on his research career.

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PhD profile

Anamaria Santos Fonsêca Sousa LLM Human Rights Law 2018, PhD Candidate and Teaching Associate

In this interview, LLM graduate, PhD candidate and Teaching Associate Anamaria Santos Fonsêca talked to us about her journey to pursue her goal of becoming an international human rights lawyer and academic, her Law School experience as a Latin American student and how the Human Right Implementation Centre has helped shape her career aspirations - and included a unique opportunity to teach at the University of Gambia.

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Why did you choose to study human rights law? I grew

up in a city in Northeast Brazil where opportunities were limited for this purpose; I earned my undergraduate degree in my hometown, but as there were few courses available, I began travelling 8 hours a week to the state capital of Bahia to earn a specialisation in Public Law in pursuit of my professional goals. Studying abroad was, I felt, a necessary step towards accomplishing my goal to work as an international human rights lawyer. This led me to the University of Bristol, where I enrolled in the Human Rights LLM, a programme that provides specific expertise not easily accessible in my home country.

‘ My experience of legal research and practical engagement in the Human Rights Law Clinic was one of the decisive elements that reinforced my desire to pursue a career in academia and human rights law with international organizations.’ Anamaria Santos Fonsêca Sousa Why did you choose Bristol? When

I decided to study abroad I analysed higher education rankings throughout the world, the areas of expertise of each University and the focus of each programme. I ended up narrowing my choices down to ten universities around the world, and fortunately I was accepted to nine of them. I chose the University of Bristol because of its outstanding academic recognition, and because it demonstrated it could provide me with access to channels through which I can achieve meaningful change. Additionally, as soon as I was accepted to the programme, one of my lecturers, Dr Diego Acosta Arcarazo, contacted me through email to introduce himself and explain the importance for him and for Bristol of empowering the latinx community at the University, which made me feel really welcome and encouraged; his approach was definitely one of the deciding reasons for me to choose Bristol What did you find most inspiring during your time at the University of Bristol? Studying in Bristol was life-

changing, a watershed in my life and career. During my LLM I was constantly inspired by my lecturers and my peers - seeing such diversity in an academic environment was exactly what I needed to have my horizons broadened. They not only helped me shape my career but also taught me so much about love, life, purpose, the world, culture and beauty. The same goes for my PhD supervisors and PGR cohort.

How did you get involved with the Human Rights Implementation Centre? The extracurricular activities

were of crucial importance to my experience and it was through the Human Rights Implementation Centre that I had the opportunity to work with Professor Rachel Murray. I already knew and admired her work, but to be a part of the Clinic brought me a whole new and even better perspective of the impact a Human Rights Law professional can have in the world. My experience of legal research and practical engagement in the Human Rights Law Clinic was one of the decisive elements that reinforced my desire to pursue a career in academia and human rights law with international organizations.

What have you been working on since completing your LLM? Thanks

to a HRIC partnership I was given the unique opportunity to teach at the University of The Gambia (UTG). In The Gambia I was responsible for teaching the International Human Rights Law unit to Law undergraduates. I was also the editor-in-chief of the annual Gambia Law Review. Alongside my job in The Gambia, I worked as a researcher for Bristol Women’s Voice, a charitable organisation developed to tackle abuse and violence against women, for which I have published online reports, and have joined the Action4Justice team to develop a research paper on Arrest/ Detention in The Gambia. I also became a member of my alma mater’s Human Rights Implementation Centre in Brazil

as an international collaborator, for which I was responsible for conducting online seminars on International Human Rights Law and for closely supervising students on their individual research tasks. Besides that I got involved in a series of different research projects developed both by University of Bristol and other institutions and international organisations, which is exactly what I envisioned. Currently, I am doing a PhD in Human Rights at the University of Bristol and after working as a Teaching Assistant during my first two years, I am now working as Teaching Associate in the Law School.

Where do you see yourself in five years? In five years, I hope to have

finished my PhD and be working as a Lecturer and as a human rights lawyer.

After completing the LLM in Human Rights Law in July 2018, I was offered a position in the University of Bristol’s PhD in Law programme. Due to my working commitments as a Visiting Lecturer at the University of The Gambia, I deferred the offer for one year. I am now continuing my academic career as an early career researcher specialising in the rights of refugee women. My motivation to undertake this PhD is shaped by my passion for women’s rights and migration law, my enthusiasm for research and analysis as well as my desire to pursue an academic career in human rights law.

Watch the video In this video Anamaria talks more about why she chose Bristol to pursue a career in human rights.

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A dynamic community of scholarship A centre-led approach means creating strong communities of academics and PhD researchers that stimulate grant capture, facilitate collaborations and deliver policy impact. It also provides focus for both research and taught postgraduate programmes which allow students to engage with those producing cuttingedge research.

Research Centres in the Law School coordinate crossdisciplinary responses to complex social justice challenges through collaborations across the University with institutes such as the Elizabeth Blackwell Institute (EBI), the Population Health Science Institute, the Jean Golding Institute, Bristol Digital Futures Institute and Migration Mobilities Bristol.

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Our research is more generally supported by the University’s Research and Enterprise Development (RED) division, PolicyBristol and the Professional Liaison Network.

These facilitate grant capture as well as engagement with business, public or third sector bodies.

‘The best law schools are both custodians of legal knowledge and a place where new knowledge is produced. A supportive research environment allows us to break new ground at the frontiers of legal research. Education, public engagement and knowledge-exchange allows us to disseminate it around the world.’

Professor Patrick Capps, Research Director, 2019-2021

Case Study: Pushing boundaries in health law research

Funding

The School’s Centre for Health, Law, and Society (CHLS) provides a focus for research activity addressing the impacts of law and governance on physical, mental and social wellbeing. It promotes a transdisciplinary perspective through collaborations both within the University of Bristol and externally. A key partner is the University’s Elizabeth Blackwell Institute (EBI). EBI is supported by the Wellcome Trust and organises collaborative research in health across the University and beyond, helping facilitate projects that push the boundaries of health law, deepen health law knowledge and promote the next generation of scholarship. CHLS members have been pivotal in expanding EBI’s remit in Global Public Health and multi-disciplinary health research.

Wellcome Trust support has also made possible a number of specific initiatives.

In recent years, our Law School staff have attracted money from major funding organisations, including:

Professor Keith Syrett secured a position as co-lead of the EBI Global Public Health research strand which brings

together academics from across the university working in this area.

Professor John Coggon led a collaboration with the UK Faculty of Public Health, PolicyBristol and colleagues in Law

Schools at Cardiff University, the University of Edinburgh, and Queen’s University Belfast to track and analyse COVID-19 related developments in law and policy as these apply to health professionals and the contexts in which they work. This was a co-funded by the Wellcome Trust and the Economic Social Research Council (ESRC) through EBI. Professors Judy Laing and Sheelagh McGuinness secured a Wellcome Trust Collaborative Award for £1.5million as part

of a university-wide team exploring best interest decisionmaking in health care, ethics and law.

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Economic Social Research Council (ESRC) Arts and Humanities Research Council (AHRC) Wellcome Trust Nuffield Foundation Leverhulme Trust British Academy Medical Research Council

Law School staff have also undertaken research funded or commissioned by the following organisations, reflecting broad engagement in civil society: • • • • • • • • • • • • • • •

Shelter Police and Crime Commissioner for Avon & Somerset Bar Society Chief Scientist Office of Scotland Department for Business, Energy, & Industrial Strategy Welsh Assembly Virgin Enterprises Ltd Sustainable Inshore Fisheries Trust Open Society Foundations Equality and Human Rights Commission Irish Human Rights and Equality Commission Deutsche Gesellschaft für Internationale Zusammenarbeit Slynn Foundation UK Faculty of Public Health Department of Health

Professor Sheelagh McGuinness was appointed to the Wellcome Trust, Social Science and Bioethics Interview Committee supporting those looking for Research Fellowships

and University Awards throughout the UK. The Wellcome Trust has also funded eight LLM Health, Law and Society students from low and middle income countries,

providing pathways into research careers for those taking part.

Find out more Find out more about the University’s Research Institutes

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Inspiring the next generation Our Centres provide a focus for launching specialist LLMs. The LLM in Health, Law, and Society goes beyond traditional courses in health law to look at the relationships between law, governance, and health across society and governmental sectors. Its students have gone on to explore diverse careers in health.

‘ This course provided something different - and is key to tackling some of the problems in the modern NHS.’ David Williams, LLM Health, Law, and Society 2019 - now Senior Lecturer in Paramedic Science at University of the West of England.

Watch the video David, Harriet and Damie all feature in our short film ‘Welcome to the LLM in Health, Law, and Society’.

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‘ The focus on health inequalities is inspiring. It helped me understand how we can achieve justice and fairness through law.’

Harriet Attwell, LLM Health, Law, and Society 2019 now Quality and Patient Safety Lead at Newmedica, one of the leading providers of NHS-funded opthalmology services in England.

‘The Bristol programme stood out for me because of its multidimensional approach to health. Choosing it was probably one of the best decisions I have ever made.’

Damie Oladebo, LLM Health, Law, and Society 2019 now Policy Coordinator at The Health and Care Professions Council, UK.

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Influencing and shaping case law and legislation Our researchers are often cited in high-profile cases demonstrating the reach, significance and impact of our research. They contribute to law reform, collaborate with national and global policy actors and are engaged with parliament.

Providing evidence

Influencing law reform

Workers’ rights

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Professor Alan Bogg’s research supported a number of cases focusing on workers’ rights - including a UK High Court employment status case (Deliveroo) and an EU Court of Justice case on the rights of temporary workers to take paid leave.

Research from both Bogg and Professor Tonia Novitz was cited in the Supreme Court of Canada on cases investigating the right to strike - and the freedom of workers to choose independent representation from an association or union.

Gender law

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Research from Dr Jule Mulder was cited in EU Court of Justice case where the issues of sex reassignment, marital status and ability to claim state pension were being scrutinised.

Dr Peter Dunne’s research was cited in a German Federal Court of Justice case on the legal status of transgender parents.

Religion and Ethics

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An academic article written by Professor Julian Rivers in the Cambridge Law Journal was cited in the Supreme Court to reinforce his approach to the proportionality test. The same piece was also cited in the New Zealand Supreme Court in a case on the possession of drugs and the presumption of innocence.

Rivers was also cited in a Federal Court of Australia religious freedom case in which a church had banned public worship in languages other than English.

A common law duty for criminal appeals

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A submission from Dr Michael Naughton to a UK Supreme Court criminal appeal strongly influenced its judgment. This lead to a change in AttorneyGeneral guidelines: there is now a common law duty on police and CPS to provide access to evidence post-conviction.

Shaping policy Advising Government on human rights

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Since 2010, Professor Sir Malcolm Evans has been a continuous member of the Foreign Secretary’s Human Rights Advisory Group.

Employment law

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Professor Michael Ford provided advice for trade unions and NGOs on the effect of Brexit on labour rights.

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Ford, Bogg, Novitz and other labour lawyers drafted the ‘Manifesto for Labour Law’ (2016) produced by the Institute for Employment Rights, much of which was adopted by the Labour Party as official policy.

Influencing corporate governance

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Professor Charlotte Villiers gave evidence to the Department for Business, Energy and Industrial Strategy, cited in its report on Corporate Governance.

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Villiers was also appointed as Associate Research Fellow of the British Academy on the Future of the Corporation project launched in 2017.

Advising on protection of marine areas

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Dr Margherita Pieraccini was invited to join DEFRA’s advisory group on engagement and governance for Highly Protected Marine Areas.

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Parliamentary work Many of our researchers have contributed to parliament’s policy-making and scrutiny roles.

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Professor Michael Ford was Special Advisor to two Parliamentary Committees on policies around the workplace. Dr Peter Dunne advised the House of Commons Select Committee on Women and Equalities during its Transgender Equality Inquiry

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Many have given oral and written evidence by invitation to parliamentary committee enquiries, Professor Steven Greer for a Human Rights Inquiry into Freedom of Speech in Universities; Professor Phil Syrpis in a Commons and Lords Select Committees scrutinising Brexit; Professor Charlotte Villiers on a Select Committee hearing on corporate governance; and Dr Clair Gammage on an International Trade Committee on Brexit.

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Professors Phil Syrpis and Gavin Phillipson have both worked on the policy and constitutional implications of Brexit for the House of Commons Library using fellowship schemes. Professor Judy Laing is currently engaged in a parliamentary fellowship scheme to provide advice on mental health law reform.

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Phillipson also provided evidence to a House of Lords Constitution Committee and Public Administration and Constitutional Affairs Committee, both on the Fixed Terms Parliament Act, and on the role of Parliament in military force decisions.

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Professor Eirik Bjorge with Ewan Smith (Oxford) and Arabella Lang (House of Commons library), submitted evidence to the House of Lords Liaison Committee, that it relied on in its 2019 Report.

Parliamentary activity

International engagement and collaboration Human Rights

Labour Rights and Trade

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Novitz, chairs the steering committee of the global Labour Law Research Network (LLRN) comprising 71 research centres and has presented at an International Trade Union Confederation workshop. She is on the Executive Committee of the Industrial Law Society, is the UK Representative on the Executive Committee of

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Dr Clair Gammage is an investigator on an EU Horizon

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Professor Sir Malcolm Evans jointly led the Chairs of the UN Human Rights Treaty bodies on the future of the Human Rights system - and to Guidance produced by the Office of the High Commissioner for Human Rights,, bolstering torture prevention efforts across the world.

Dr Sofia Galani provided training and legal advice to Global Maritime Crime Programme of the United Nations Office for Drugs and Crime (UNODC) to support development of

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their maritime capacity-building initiatives.

Professor Steven Greer was a panel expert on an EU funded project that aimed to foster human rights among European policies.

In collaboration with the Project for Registration of Children as British Citizens, Professor Devyani Prabhat produced an online resource to help children understand their rights.

International Lawyers for Workers network (ILAW) 2020 funded project, Sustainable Market Actors for Responsible Trade. Gammage is also co-lead of an

academic cluster on trade and investment, working with EU Commission directorates.

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Our role as a civic university Whilst national and international engagement is strongly encouraged our researchers are equally supported when reaching out to the local community as part of Bristol’s ‘civic university’ agenda.

Over the years we have built up a programme of active engagement with a range of civic actors and organisations in the Bristol-city region.

Professor Morag McDermont has been particularly active in pursuing the civic agenda.

Between 2013-2018, McDermont led a major five-year Economic and Social Research Council funded project in the field. ‘Productive Margins’

was a multi-disciplinary collaboration between Bristol and Cardiff Universities led by McDermont.

It worked with seven neighbourhood-based, identity-based and faith-based community organisations experimenting with new ways of living and working.

It initiated seven major projects and Community Researcher training packages. It also produced innovative methodological outputs, including five festivals, fiction, dramatisations and films, and a national guide on domestic violence for educational practitioners in Wales.

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As a Bristol City Fellow, McDermont is now leading a collaborative research project.

‘Many Neighbourhoods One City - Co-Creating Collaborative Decision Making’, is a partnership between the University, Locality and the Social Justice Project. The research aims to develop deeper knowledge of the activities and role of community anchor organisations in the diverse communities of Bristol - and how this knowledge can be used to develop the principles, processes and practices of a framework for future city decision-making.

The research aims to provide a framework for a comprehensive University research programme that can support future city decision-making that is collaboratively co-produced with communities in the city.

‘Vital to the civic university agenda, collaboration research can produce new knowledge about the needs, aspirations and assets of communities. It can also underpin democratic renewal alongside enabling real opportunities for students to shape change through research.’ Professor Morag McDermont

Case study: The Wellspring Settlement

As a member of the ‘Many Neighbourhoods One City’ project, McDermont has been instrumental in the setting up of the University micro-campus at Barton Hill. This space, located within the Wellspring Settlement, is available to all University staff and students to support their collaborative work with partners and communities in East Bristol. One of the research projects operating out of the microcampus is ‘Communities in Focus’, research carried out by University of Bristol students to explore ways in which the monitoring data collected by Wellspring Settlement to deliver to funders can become communitygenerated data utilised to influence service delivery at a local and city level.

In response to COVID-19, the Wellspring Settlement wanted to capture the impact of its support during the 2020 lockdown on

those using its services. It undertook a series of surveys to help develop an understanding of the changing needs of community during the lockdown period. The resulting research paper, produced in collaboration with students at the University of Bristol, indicated that the assistance provided by the Wellspring Settlement enabled the community to look beyond their immediate problems and begin to strive for a better future.

Dedicated to community empowerment

The research report was used as evidence by Wellspring Settlement in a successful bid for £98k to boost new community renewal projects.

McDermont’s research interests are focused around issues of regulation and governing, in particular the role played by the third sector/voluntary sector. She has an interest in the role of social theory in research and teaching and all her research now aims to be a collaboration between academics and non-academics, recognising the importance of practitioner knowledge and expertise-by-experience in designing future research direction.

The Wellspring Settlement project is one of many planned as part of the University’s Professional Liaison Network’s ‘Bristol Model’ which was launched in September 2020. The ‘Bristol Model’ aims to bring students into the social science research process as Research Assistants on projects co-produced with organisations in the city region to address complex social and economic challenges. The students involved in the Wellspring Settlement project were funded by the University’s Temple Quarter Engagement fund.

Professor Morag McDermont completed an LLM in Public Law at Bristol University in 2001 and was appointed as a Lecturer in the School of Law in 2004, following completion of a PhD at University of the West of England. Much of her research has been shaped by 15 years’ experience working in local governments, voluntary and community organisations and universities.

Find out more Visit the Wellspring Settlement project page to find out more about the research.

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Looking forward To remain well-positioned to respond to the economic, political, technological, and public health issues which confront us locally and globally, a key priority for the School will be to continue to develop our expertise and forge interdisciplinary research agendas within the University of Bristol and beyond.

Much has been done in this respect to pave the way for future impact. This includes: the work we have started with

the University’s Mobilities and Migration Bristol through the Centres for Health Law and Society and Law at Work on the intersections between migration, work, and health; the work with the Inclusive Economics Initiative through the Centre for Law and Enterprise which aims to develop local alternative businesses to grow a new economy; and our responses to COVID and Brexit which have helped secure a number of major projects due to come to fruition in the next few years.

In particular, our research on the regulation of emerging technologies represents a key strategic opportunity for us. Whilst the Centre for Global Law and Innovation (CGLI) is

Importantly, our expertise in international law will continue to inform research that tackles the complexities of a globalised world. Building on over 100 years at the

forefront of the field, our new Centre for International Law will provide increased opportunities for engagement with other institutions, funders, civil society and international organisations. We now have one of the largest communities of international lawyers in the country, making us more agile than ever before to respond to the diverse challenges of an interconnected world.

Outstanding research, however, is only possible in an equitable, fair and cooperative environment and in a

the focus for our work here, the intersect with other Centres makes us well-placed to respond to this opportunity in areas such as regulating gig work, the use of personalised genetic information to design health interventions, the rise of algorithms in public and private decision-making and the implications of all of these for personal privacy.

community that reflects the world we seek to serve. We are committed to intergenerational equity and to mentoring throughout the career lifecycle – and to addressing structural barriers to research excellence for under-represented groups.

Our research centres provide a nurturing ‘home’ for our staff and enable our research students to become partners in this enterprise.

There will also be exciting opportunities for us to collaborate on some of the most advanced current technologies associated with the University’s Temple Quarter

Ultimately, being part of the law school community means being actively supported as individuals and as collaborators able to play a role in stimulating and facilitating

Enterprise Campus (TQEC), due to open by 2025. TQEC will be home to the University of Bristol Cyber Security Group, Quantum Technology Innovation Centre and Smart Internet Lab, the work of which raise major regulatory issues. We are also collaborating with the LV Insurance Advanced Data Science team.

engagement between academia and business, public or third sector bodies. As we look forward, we are ready to embrace the many opportunities we have for working together and with others, within and beyond the academic community, to generate research that has a positive impact on society, locally, nationally and globally.

In terms of legal tech, we aim to build on existing partnerships so we can deepen the relevance and impact of our research in this area. The University has alliances with

some of the UK’s leading high-tech industries, whilst the School has solid working relationships with global law firms, such as Burgess Salmon, Osbourne Clarke and Slaughter & May, providing a great foundation for knowledge exchange.

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Professor Gavin Phillipson Law School Director of Impact

‘Research on the regulation of emerging technologies represents a key strategic opportunity for the School.

It is one we have planned for, recruited for and are ready to embrace.’

Professor Gavin Phillipson joined the Law School from Durham University. A Professor of Public Law and Human Rights, Phillipson has worked on the policy and constitutional implications of Brexit for the House of Commons Library as part of a prestigious Parliamentry Academic Fellowship Scheme. He was cited in the UK Supreme Court in Miller v Secretary of State for Exiting the EU (2017) and contributed to the UK’s All Party Parliamentary Group on the Rule of Law in Westminster, addressing the question as to whether Parliament has the power to stop a No Deal Brexit. He has also provided extensive expertise on constitutional law though media interviews including BBC News, 5Live, Newsweek, Radio New Zealand and others.

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Bristol is home to people from more than 187 different countries (The Population of Bristol, Bristol City Council 2018).

Discover our range of research programmes www.bristol.ac.uk/law/study

Location Bristol is a vibrant city in the South West of England, under two hours from London.

From here you can explore the UK and fly direct to over 100 European destinations.

London 1h 40m

Paris 1h 15m

Edinburgh 1h 10m

Madrid 2h 20m

Dublin 1h 15m

Rome 2h 35m

Law is a global profession. Our academics collaborate with organisations all over the world - and many of our students go on to secure international careers within and beyond law.

Bristol is also the leading region for law outside of London and home to both leading law firms and many social justice organisations.

Bristol has been voted the ‘Best place to live in the UK’ (Sunday Times 2017)

Join our community... /bristolunilaw @bristolunilaw @bristolunilaw

Find out more about our research - and the opportunities to work, study and collaborate with us. www.bristol.ac.uk/law

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