University of Bristol Law School Research Report 2023: Shaping a Better World by bristolunilaw

SHAPING A BETTER WORLD Research with Impact 2022-2023

Foreword “Our research environment achieved the joint highest rating in the latest REF results* – an achievement I am very proud of. With 93% of our research also assessed as worldleading or internationally excellent, our community is having a significant impact on shaping a better world” *(REF 2021) We have seen the role law can play in overcoming some of the world’s most pressing challenges, reinforcing our belief that behind every great idea, every progressive area of research and every legislative triumph, lies a hard-working, supportive team making possible a vital leap in legal thinking. That’s why we champion a liberal, inclusive and enabling research environment – an environment that gives rise to world-class research that addresses the most important societal needs and regulatory and governance challenges of our times. It is the vibrancy of our research environment that underpinned our success in the latest Research Excellence Framework (REF 2021) – a process that presented an opportunity to hold a mirror up to the brilliant research being undertaken in the school and illustrate how we are accelerating change by finding new, inventive ways to benefit humanity through law.

Law is complex, challenging and constantly evolving. And we continue to respond. In the last year we have expanded our community of researchers to mark the inception of new legal thinking in the face of rapid technological advancements – and the rise of a new corporate landscape that aims to establish compassion, sustainability and fairness at its heart. Our impact case studies showcased how our community is: •

reducing inequality in health on issues such as reproductive rights and mental health.

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working with trade unions, policy makers and industry to influence decisions on workers’ rights.

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improving social housing, reducing homelessness and the number of people dying on the streets.

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working with governments and international bodies to protect human rights around the world.

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supporting those that have fled their countries as a result of persecution and conflict.

Every day our community is holding accountable governments, industry and global justice systems, influencing and shaping laws, overturning miscarriages of justice and demanding a more just world. Building on the success of our REF 2021 results, we are looking forward to an exciting year ahead with a fantastic opportunity to showcase our rich and diverse research expertise. In particular, we are proud to be hosting two of the UK’s most prestigious gatherings of legal scholars – the Society for Legal Scholars’ Annual Conference and the British Legal History Conference. Professor Catherine Kelly Head of the University of Bristol Law School

Contents 2

How are we having an impact? 4

Guantánamo Bay, torture and the mechanisms for change

Roe v. Wade and the ongoing fight for reproductive justice

Defending the right to strike

Demanding homes fit for habitation

Reshaping migration laws in South America

Spotlight on mental health law

Influencing and shaping case law and legislation

Our research centres

Vicarious liability in the Supreme Court

Developing early career researchers

Legal History Conference

Establishing new LawTech Industry Board

“A supportive environment in which research can flourish is a precondition for everything we achieve. It makes for active, impactful research – and paves the way for a new generation demanding a more just future for all.” Professor Patrick Capps, Research Director for Faculty of Social Sciences and Law in response to REF 2021.

How are we having an impact?

“Our research is practical, living research. It brings about real changes in law and policy that benefit people ‘on the ground’. REF 2021 showcased the transformative impact our research is having on lives and livelihoods around the world. I’m immensely proud that the outstanding work of our colleagues has been so amply recognised.” Professor Gavin Phillipson, Impact Director for the REF 2021 submission

Impact: Human Rights Implementation Centre

Guantánamo Bay, torture and the mechanisms for change In March 2022, Mohamedou Ould Slahi, a former detainee at Guantánamo Bay, visited the University of Bristol’s Human Rights Implementation Centre (HRIC). Marking the 20th anniversary of the facility’s existence, his story and the research of the HRIC bring into sharp focus the need for mechanisms that hold States accountable for their crimes – and for Guantánamo Bay to not become a shield behind which others committing such acts can hide. Mohamedou Ould Slahi had been held without charge at the notorious detention camp for over a decade, enduring torture and abuse. His visit shed light on the significant role played by Bristol researchers in combating torture globally. The HRIC, led by Professors Sir Malcolm Evans and Rachel Murray, is renowned for its work in preventing torture and ill-treatment.

Over the past decade, the Centre has contributed to the establishment and strengthening of an international system for monitoring places of detention. A key component of this system is the United Nations Subcommittee on Prevention of Torture (SPT), which Sir Malcolm chaired from 2011 to 2020.

“Guantánamo Bay could be closed. It could be closed fast. But you have to put a mechanism in the government that works with these people. And that requires political will – using your political position and being willing to use it to close Guantánamo Bay.” Nancy Hollander, Criminal Defense Lawyer, representing Mohamedou Ould Slahi

The SPT has the authority to inspect detention facilities worldwide and works with governments, human rights institutions, and civil society organisations to address the root causes of torture and ill-treatment The SPT is established under the Optional Protocol to the UN Convention Against Torture (OPCAT), a treaty aimed at safeguarding individuals deprived of their liberty. The HRIC has been instrumental in shaping and implementing OPCAT, particularly through the establishment of National Preventive Mechanisms (NPMs) in countries to monitor detention facilities. While the UK has established its NPM, the US, which operates Guantánamo Bay, has not ratified OPCAT or established a similar mechanism. Slahi’s visit highlighted the urgent need for such mechanisms to hold states accountable for their crimes and prevent facilities like Guantánamo Bay from becoming shields for other countries committing similar acts.

The anniversary of Guantánamo Bay’s establishment serves as a reminder of the ongoing violation of human rights, including torture and indefinite detention without trial. Slahi’s personal account of torture at Guantánamo Bay underscored the futility and immorality of using such methods. The Universal Declaration on Human Rights and international conventions explicitly prohibit torture, and other forms of ill-treatment and punishment. Yet, only a small fraction of the detainees held at Guantánamo Bay have faced trials, and the proceedings have not met fair trial standards. The HRIC’s research has contributed to reducing the incidence of torture worldwide by improving the standards and practices of supranational bodies like the SPT and African Commission’s Committee on Prevention of Torture, and by influencing legislation and government policies. It has also advised numerous countries on establishing and enhancing their NPMs. However, the continued existence of Guantánamo Bay and its legacy pose a threat to global efforts to combat torture. The HRIC's work in preventing torture and promoting human rights serves as a crucial foundation for addressing these issues and ensuring that no one is subjected to torture or other forms of ill-treatment.

Find out more Read our article about closing Guantánamo Bay – and listen to our podcast series featuring Mohamedou.

Centre Showcase: Centre for Health, Law, and Society

Roe v. Wade and the ongoing fight for reproductive justice For almost a decade, researchers at the University of Bristol have been working towards decriminalising abortion, challenging laws that are archaic and out of kilter with modern values. They have also sought to establish reproductive rights as universal human rights.

In contrast, on June 24 2022, the US Supreme Court overturned the landmark 1973 Roe v. Wade legislation that protected access to abortion under the Constitution of the United States, eroding legal protections and giving rise to the potential for individual states to ban abortion entirely.

In many countries, the right to abortion is controlled by decades-old laws to the detriment of women. Until recently that was the case in Northern Ireland where the issue of abortion has long been divisive and controversial.

For Bristol’s researchers, this reinforced the continued need to fight for reproductive rights and ensure that decades of progress are not lost − and that despite the Supreme Court’s decision, momentum continues to gather behind the right of women and pregnant people around the world to control their own reproductive health choices.

Research by Professor Sheelagh McGuinness and Dr Jane Rooney (now Associate Professor in International Law at Durham University), has been instrumental in shaping abortion law reform in Northern Ireland where previously women were forced to seek solutions outside the legal and healthcare systems or to access abortion services elsewhere.

“The impacts of restrictions on abortion will always be unevenly felt. Those already disadvantaged and marginalised will be more vulnerable to the harmful consequences of not being able to access legal abortion care.” Professor Sheelagh McGuinness

The research of McGuinness and Rooney has supported the successful campaign to decriminalise abortion in Northern Ireland and help realise the demands of decades of activism and campaigning. Drawing on their research, McGuinness and Rooney provided expert advice to MPs on abortion law in Northern Ireland and its human rights implications. Most crucially, they provided detailed advice to Stella Creasy MP, who in July 2019 tabled a successful amendment that became Section 9 of the Northern Ireland (Executive Formation etc) Act 2019. When the amendment was passed, it decriminalised abortion in Northern Ireland and required the Secretary of State for Northern Ireland to make provision for abortion services. Meanwhile, Professor Sally Sheldon (formally of Kent University) had also been providing legal expertise to influence parliament and support the reform of abortion law in the UK. Her research focused on shifting the debate away from considering abortion as a criminal law issue and locating it firmly within a health law framework. Sheldon’s research informed two House of Commons Private Members Bills that played a fundamental role in raising the possibility of decriminalisation.

Professor Lesley Regan, then President of the Royal College of Obstetricians and Gynaecologists, described the first Bill as the ‘first sign’ of a significant shift’ towards seeing abortion care as an integral part of women’s health care, which should be treated and regulated accordingly, noting that it‘really lit a touch paper among like-minded MPs’. The fight for abortion law reform in Northern Ireland, the UK, and globally aims to establish a universal framework of reproductive justice. Dr. Sandra Duffy, as an active member of Lawyers for Choice, has been advocating for reproductive justice since 2015. Lawyers for Choice, including members McGuinness and Sheldon, seeks to raise awareness and improve abortion laws through public legal education. Dr. Duffy has actively participated in its campaigns using social media to explain Irish legal system and abortion laws. In a Conversation article, written in response to the US case of Dobbs v. Jackson Women’s Health Organisation, which overturned Roe v. Wade, Dr. Duffy discussed the history and importance of reproductive justice in ensuring the right to control one’s body, considering individual backgrounds. Given the decision to overturn Roe v. Wade, the concept of reproductive justice continues to hold significant global relevance.

Find out more Read the full article and find out more about the significant role our academics have played, and continue to play, in abortion law reform.

Centre Showcase: Centre for Law at Work

Defending the right to strike How Bristol academics and alumni are leading the fight against the erosion of workers’ rights. Over the past 40 years, workers’ rights in the UK have experienced a gradual decline due to labour market deregulation. Although these erosions have been partially balanced by European Union (EU) law, the European Convention on Human Rights (ECHR), and the UK’s obligations as a member of the International Labour Organisation (ILO), new threats are emerging as the UK continues to navigate its exit from Europe. This particularly concerns the right to strike which currently lacks protection under the domestic constitution. In the UK, unlike many other European countries, there is no positive right to strike. The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) provides limited immunities for trade unions from civil liability and minimal protections from dismissal for strikers. This leaves workers vulnerable. In contrast, workers in Spain, Italy, France, and Germany enjoy the protection of national sectoral collective bargaining agreements that establish minimum standards for workers’ rights across entire industries. These agreements are supported by the freedom to take strike action without disproportionate restrictions, safeguarding workers’ interests.

Bristol researchers are on the front line, advocating for similar protections for workers in the UK particularly, the right to strike for all. As the UK prepared to leave the EU, Michael Ford KC, a former Professor of Law at the University of Bristol, fought for a “floor of rights”. He highlighted the risks posed to domestic labour protections by a “hard” Brexit and provided the Trades Union Congress (TUC) with advice emphasising the crucial importance of EU laws in protecting key employment rights, which are comparatively weaker in domestic law. Ford’s evidence-based predictions identified the EU law-based rights most vulnerable to dilution post-Brexit, including holiday entitlements, worker health and safety, and protection against certain forms of discrimination – it also included the right to strike. His advice led to the introduction of a Private Members’ Bill which aimed to provide legal protection for EUderived rights after Brexit. While the bill was dismissed by Conservative MPs, it exerted pressure on the government and contributed to the inclusion of pledges “to strive to increase” labour rights protection in the Trade Agreement between the EU and the UK.

“Michael’s advice remains highly relevant whenever there are policy discussions and political debates about workers’ rights after Brexit. Its high quality of analysis means it remains the key text to refer to in this area.” Sir Keir Starmer, Leader of the Labour party

There is now a risk of the UK breaching its obligations under the EU-UK Trade and Cooperation Agreement (TCA) due to new restrictions placed on strikes and a failure to implement existing labour laws and internationally recognised labour standards. The cost-of-living crisis has seen worker tensions escalate, as evidenced by the significant increase in strikes in the UK. In response the government has pursued a legislative strategy seeking to reduce the impact of industrial action, while little has been done to protect human rights at work. As a result, Bristol labour lawyers (Professor Alan Bogg, Dr Philippa Collins and Professor Tonia Novitz) have all in 2023 delivered oral evidence to the Joint Committee on Human Rights in the UK Parliament. Particular concerns have arisen regarding the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, adopted by the then Secretary of State for Business, Energy and Industrial Strategy (BEIS), Kwasi Kwarteng in July 2022. Those Regulations, for the first time since 1976, enabled employers to hire agency workers to replace labour during strikes. Michael Ford KC (together with a former University of Bristol Law School graduate, Serena Crawshay-Williams) acted as counsel for the trade union, Unison, alongside other trade unions challenging these Regulations. Following this judicial review, those Regulations have now been struck down, due to inadequate consultation over their content and effect. (See R (ASLEF and others) v Secretary of State for Business and Trade [2023] EWHC 1781 (Admin), judgement of 13 July 2023.) Further arguments relating to breach of the ECHR and ILO Conventions relevant to breach of the TCA were not however addressed by the Court, as the matter could be decided solely on the basis of failure to consult.

Anticipating the proposed adoption of the Strikes (Minimum Service Levels) Act 2023, both Bogg and Novitz published evidence indicating why the effect of this legislation would be to breach human rights and international labour standards, despite government claims to the contrary. The Act now gives powers to the Secretary of State for BEIS to adopt Regulations that set minimum service levels which employers could then apply with respect to industrial action in sectors such as health, transport, and education. In so doing, this legislation seems likely to expose trade unions to greater liability and increase the risk of dismissal of striking employees in breach of ILO standards and the ECHR. Fortunately, the judgment in R (ASLEF and others) should ensure that at least the consultative process prior to any Regulations being adopted will have to be thorough. A Collaborative Project on the Right to Strike In 2023, the Bristol Centre for Law at Work began a new collaborative project on ‘The Right to Strike’ in collaboration with International Lawyers Assisting Workers (ILAW) at the US Solidarity Center and the International Trade Union Confederation. This project examines the significance of strikes in contemporary labour markets, for example in the context of the platform economy and global supply chains. The first project meeting in May 2023 organised by Professor Tonia Novitz brought together labour law experts from across the globe. The results will be an open access co-authored book, a special issue of an edited journal, and website resources developed by the project partners.

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.

Demanding homes fit for habitation For over a decade our academics have been actively involved in driving legal reform to address the housing crisis and its disproportionate impact on marginalised groups. Housing provision in the UK is in a state of crisis. It is estimated* that over 8 million people in England are living in unaffordable, insecure or unsuitable homes. Over 400,000 people are homeless or at risk of homelessness. Over the last decade, research by the Law School’s Dr Edward Kirton-Darling, in collaboration with Professor David Cowan (now at Cardiff University) has helped drive the legal and cultural reform needed to tackle the issues that disproportionately impact those who are marginal to housing provision, including families, tenants, tower block residents, vulnerable adults and armed forces veterans. In the aftermath of the Grenfell Tower fire, Professor Cowan and Dr Kirton-Darling led the research for an influential ‘Closing the Gaps’ report commissioned by the housing and homelessness charity, Shelter.

The report investigated the failings in the law which had been so starkly revealed by the disaster. It made clear that the law relating to health and safety in homes was piecemeal, complex and patchily enforced - largely because it was based on an outmoded Victorian heritage that lacked coherence depending on an occupier’s housing tenure. In Grenfell Tower itself, the occupiers had a range of housing tenures that made legal adjudication problematic. The report recommended both legal reform and cultural change, so that those responsible for the health and safety of occupiers become proactive in fulfilling those responsibilities. The impact was far reaching, directly influencing Shelter's lobbying strategy for housing conditions in England and, ultimately, the successful passage the Homes (Fitness for Human Habitation) Act in Parliament.

“It’s no secret we’re living in a contemporary housing crisis. Poor housing and homelessness is causing needless death and illnesses. My area of interest is where law connects with this crisis – and unpicking the way the law enables the crisis to continue.” Dr Edward Kirton-Darling

The Homes Bill, now enacted, will affect every social and private rented tenancy of less than seven years in England, covering around 8.8 million properties. It also makes provisions that ensure landlords must provide and maintain residential rented accommodation in a state of fitness for human habitation. Helping to drive cultural change, Dr Kirton-Darling’s research went beyond legal reform and enabled two NGOs to develop tools that empowered tenants to challenge unsafe housing conditions and hold landlords to account. This work took the form of the Tower Blocks UK Fire Safety Checklist, developed in partnership with Tower Blocks UK and the FixMyBlock online toolkit, developed in partnership with mySociety.

The Renters (Reform) Bill 2023 The Renters (Reform) Bill, introduced into Parliament on 17 May 2023, aims to deliver a fairer, more secure, and higher quality private rented sector for both tenants and landlords. Dr Kirton-Darling is working with other housing law experts to identify ways in which the provisions in the Renters Reform Bill might improve the law on illegal eviction.

Prior to the Grenfell fire, and directly influencing the change that has happened after it, Cowan and KirtonDarling’s earlier research provided the legal underpinning and evidential basis for the regulation of nearly all rented accommodation in Wales. The Renting Homes (Wales) Act 2016 created a unified rental housing market, clearer right and responsibilities for tenants and landlords and a radical overhaul of repairing standards. Additional research by Dr Kirton-Darling has also highlighted the growing problem of homelessness amongst armed forces veterans – prompting a new Homelessness Code of Guidance published by the government in 2018 that included, for the first time, a specific chapter on veterans.

This includes discussions with policy makers, politicians, local authority officers responsible for enforcement and campaign organisations. He is also working with Bristol City Council and Avon and Somerset Police to develop training materials for the police and public information materials on the law in relation to illegal eviction.

Find out more Read more about our work post-Grenfell. Watch our film about Renters Reform Bill.

Impact: Centre for International Law

Reshaping migration laws in South America Immigration regulation has long been a legal and political challenge in South America. Professor Diego Acosta has produced extensive research on the issue that has decisively influenced several articles of major new immigration laws adopted in Brazil and Ecuador. Over the past decade, Professor Acosta has made a distinct contribution to the field of immigration law, publishing a body of internationally recognised research that has expanded on the meaning of three emerging principles that have been debated in South America since 2000: •

The non-criminalisation of irregular migration (i.e. migration that occurs outside of laws, regulations, or international agreements)

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The right to migrate as a fundamental right

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The construction of a South American citizenship

Subsequently, his research and advice decisively influenced the inclusion and content of key provisions in major new immigration laws in both Brazil and Ecuador, that were based on these three emerging principles. In Ecuador, Acosta provided written advice to parliamentarians which led to the incorporation of a whole chapter (Chapter IV, Arts. 83-89) on South American citizenship in the final version of a new 2017 Law on Human Mobility, effectively repealing the previous 1971 law. In Brazil, Acosta’s research influenced the final drafting by the Ministry of Justice´s Committee of several provisions of its 2017 Lei no. 13.445, repealing the country’s 1980 Migration Law. These new laws were highly significant because they changed the way that both countries regulate irregular migration, family reunion, and the rights of South American nationals.

This positively impacted the lives of at least 128,617 South American nationals who were able to obtain a residence permit in Ecuador between 2017 and 2019 and a further 22,851 in Brazil who obtained a permit in 2018.

“[Acosta’s work] has enormously contributed to the discussions on the new law and to the drafting of some of its articles.” President of the National Immigration Council Brazil (Ministry of Labour and Employment)

Impact: At-a-glance In 2017, Professor Diego Acosta contributed to the final wording of specific articles in new migration legislation that repealed laws adopted under military regimes in Ecuador and Brazil. These new laws were highly significant changing the way that both countries regulate irregular migration, family reunion, and the rights of South American nationals. This had a positive impact on the lives of thousands of South American nationals that have subsequently been able to obtain residence permits.

Acosta’s advice contributed to Ecuador adopting a new regularisation procedure for Venezuelan nationals that benefited a further 38,243 people. Acosta continues to influence migration law in the region and has subsequently held discussions with officials at the Ministry of Foreign Affairs and later with the Vice-Minister of Human Mobility. Acosta has since been invited by the Chilean Senate, Peru´s Congress, MPs in Uruguay, or the Organization of American States, to continue offering his expertise and advise on matters of migration regulation and reform (2020-22).

Before the presentation, Acosta sent a 10-page document with legal suggestions and devoted his presentation to the need of enhancing permanent regularisation mechanisms for migrants in an irregular situation. Acosta’s aim was to address the fact that despite the approval of the new law, there were still thousands of Venezuelan nationals who could not fulfil certain conditions and remained with irregular immigration status.

In 2019, the President of the Ecuadorian Parliament International Relations Committee invited Professor Acosta to present his vision on how to reform and improve certain aspects of the 2017 migration law.

Acosta subsequently held discussions with officials at the Ministry of Foreign Affairs and later with the Vice-Minister of Human Mobility.

Find out more Read the full case study and discover the related research publications online

Impact: Centre for Health, Law, and Society

Spotlight on mental health law Professor Judy Laing’s extensive research in this field has played a crucial role in shaping and responding to the UK’s Mental Health Bill, which will have significant implications for the health and wellbeing of individuals in England and Wales.

Professor Laing’s research, combined with her contributions to the UK’s Parliamentary Joint Committee on the draft Mental Health Bill, have been instrumental in advocating for patient rights and promoting autonomy in the new legislation. The Committee, composed of members from the House of Commons and House of Lords, published its report early in 2023. It highlighted significant reforms to the Mental Health Act. The proposed reforms aim to provide greater protection for patients treated under the Mental Health Act and to respect their rights and preferences. One important recommendation is the inclusion of Advance Choice Documents, which would give patients more control over their treatment.

In her role as a Parliamentary Academic Fellow from January 2021 to July 2022, Professor Laing collaborated with House of Commons Library researchers on research briefings related to mental health law and policy. This work aimed to provide parliamentarians with the best possible analysis of the Mental Health Act reforms and the impact of COVID-19 on mental health and human rights. While the proposed reforms address many aspects of mental health care, there are still areas that need further consideration. Professor Laing has long advocated for a nominated person role, which replaces the current nearest relative role − emphasising support and education must be provided to nominated persons to ensure they can effectively protect their relative’s rights.

Professor Laing’s research stresses the importance of embedding guiding principles, such as patient autonomy, choice, and least restriction, into the Act to ensure professionals make sound decisions about compulsory admission and treatment.

“It is encouraging that the Committee has picked up some of my research and urged the Government to make significant reforms to protect patients treated under the Mental Health Act. However, more measures are needed to respect the rights and preferences of those directly affected.” Judy Laing, Professor of Mental Health Law and Policy

Picking up on other aspects of Professor Laing’s research, the House of Commons Health and Social Care Committee has highlighted the need for significant improvements to community support for detaining autistic individuals and those with a learning disability. While the reforms promote patient rights by granting them increased access to mental health tribunals and advocacy, adequate resources must be allocated to make these rights meaningful in practice. Finally, whilst economic deprivation has been shown to contribute to higher detention rates, the proposed reforms do not specifically target this issue. In a recent Conversation Article, Professor Laing indicates that proper resourcing and support are crucial for the reforms to be effective in addressing the needs of individuals with mental health problems.

Working with the Care Quality Commission (CQC) Professor Laing’s research often focuses on the role of the CQC in monitoring the Mental Health Act and responding to patient complaints. The CQC, as an independent regulatory authority, plays a vital role in reviewing the operation of the Mental Health Act and ensuring the rights and well-being of patients. Her work with CQC has further contributed to Professor Judy Laing's expertise and research having an influence on the proposed reforms to the Mental Health Act − and the government's commitment to increased rights for service users which must be accompanied by tangible support on the ground.

Find out more Read Professor Laing's co-authored article on the reform of the Mental Health Act in the Conversation

Influencing and shaping case law and legislation Our researchers are often cited in high-profile cases, contributing to legal reform, collaborating with national and global policy actors and engaged with parliament.

Criminal Law

Environmental Law

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Research from Professor Gavin Phillipson and Dr Robert Craig was cited in the Supreme Court on the issue of anonymity until charge for those under criminal investigation. A policy briefing by Professor Joanne Conaghan and Dr Yvette Russell addressed the Law Commission of England and Wales’s consultation paper examining law and policy on evidence in sexual offence prosecutions.

Global Law and Innovation •

Human Rights Law •

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The African Court on Human and Peoples’ Rights acknowledged the amicus submission by the Law School’s Human Rights Implementation Centre and Centre for Human Rights at the University of Pretoria in determining its ruling in favour of the Ogiek Community in their case related to Kenya’s eviction of the indigenous minority ethnic group from their ancestral home. A policy report led by Dr Jassi Kaur Sandhar with guidance provided by Professor Rachel Murray explored the impact of COVID-19 on People with Disabilities in Northern Uganda, underlining the importance of ensuring people with disabilities lead on decision-making on disability policy and programming. Leading human rights experts, including the Human Rights Implementation Centre’s, called on the UK government to prevent violations of human rights obligations under the UK-Rwanda Asylum Partnership Arrangement.

Trade Law •

Evidence submitted by Dr Joshua Paine and Professor Albert Sanchez-Graells influenced Parliamentary scrutiny of the UK’s First Trade Agreement since Brexit, with the House of Commons International Trade Committee’s report, ‘UK trade negotiations: Agreement with Australia’, citing the Law School researchers.

A policy briefing by Professor Margherita Pieraccini addressed the importance of strengthening regulatory methodologies and improving the social acceptability of Highly Protected Marine Areas to aid in the conservation of these key environmental targets.

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The House of Commons Science and Technology Committee published written evidence submitted by Dr Philippa Collins, Kit Fotheringham and Professor Albert Sanchez-Graells to its inquiry on 'Governance of artificial intelligence' (AI). Professor Albert Sanchez-Graells wrote a policy briefing providing analysis on how successful procurement digitalisation requires more data, in-house expertise, and improved governance mechanisms. Another policy briefing by Professor Albert SanchezGraells assessed the UK government's approach to AI regulation as lacking, urging the need for the creation of an independent authority to guarantee public sector adoption of trustworthy AI.

Health Law •

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A research team including Professor Judy Laing called for change in support for families of people detained, in response to the government’s plans for changes to the Mental Health Act 1983. Professor Judy Laing gave oral evidence to the House of Commons and House of Lords Joint Committee on the Draft Mental Health Bill following evidence she submitted on the Bill’s legal implications, highlighting the need to strengthen legal protections for patients’ rights.

Labour Law

Family Law

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A report funded by the Nuffield Foundation, led by Professor Emma Hitchings, revealed for the first time the stark reality of most divorcing couples’ finances in England and Wales.

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Professor Albert Sanchez-Graells was awarded a British Academy Mid-Career Fellowship worth £127,125.58 to support his research on digital technologies and public procurement.

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Dr Lawrence Hill-Cawthorne won a national 2023 Philip Leverhulme Prize for his research in the field of international law and armed conflict.

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Professor Rachel Murray was awarded the Economic and Social Research Council Celebrating Impact Prize 2023 for her research project ‘Collaborative working to redress human rights violations for African peoples.’ (pictured below at the awards ceremony)

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Professor Foluke Adebisi's book was published titled ‘Decolonisation and Legal Knowledge: Reflections on Power and Possibility’ providing an essential examination of the meanings of decolonisation and how this examination can inform teaching, researching, and practising of law.

Professor Alan Bogg provided Labour Law expertise for MPs at the 2022 Parliamentary Hearing on P&O’s decision to sack seafarers with no notice and take on agency staff.

Fellowships, committees and awards •

Dr Peter Dunne was awarded a UKRI Future Leaders Fellowship for his work exploring the rights of trans and non-binary populations in the family law of England and Wales.

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Professor Keith Syrett was appointed as legal expert on the Committee on Ethical Issues in Medicine of the Royal College of Physicians to advise on ethical issues in clinical practice and help shape its response to policy developments.

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Professor John Coggon has been appointed to a Technical Advisory Group to the World Health Organization, whose focus is on embedding ethics in health and climate change policy. Professor John Coggon's term as member of the Nuffield Council on Bioethics, originally appointed in 2020, was renewed in 2023. The Council is a leading, independent advisory body that informs policy and public debate on ethical and social issues.

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Dr Jennifer Collins was awarded an Alan Turing Institute Fellowship to further her interdisciplinary approach to analysing the implication of AI for the criminal justice system.

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Professor Paula Giliker was elected Fellow of the Academy of Social Sciences in recognition of her work in the field of legal studies and the important discipline of Comparative Law. Professor Giliker also started her tenure as President of the Society of Legal Scholars of the UK and Ireland for 2023-2024.

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Dr Colin Nolden was awarded £150,000 by the British Academy, through their Net Zero Policy Programme, to lead a 15-month project on implementing effective and just net zero policies.

Read our news Discover more about our worldleading academics and the ways they influence policy on our Law School news page.

Our research centres Acting as catalysts for impactful research and intellectual growth, our research centres provide a vibrant and collaborative environment where scholars and postgraduate researchers can engage with each other’s work, exchange feedback, and generate new ideas. Research Centres in the Law School coordinate cross-disciplinary 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.

Our research is more generally supported by the University’s Division of Research, Enterprise and Innovation (DREI), PolicyBristol and the Professional Liaison Network. These facilitate grant capture as well as engagement with business, public or third sector bodies.

Centre for Global Law and Innovation (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.

Centre for Law at Work (CLAW) Pushing the boundaries of labour and work, CLAW embraces a wide range of methodological approaches. Its members combine internationally recognised 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) Reflects the Law School’s exceptional research strength in health-focused legal studies. Recognised as an outstanding centre of excellence for research in the field, CHLS examines the diverse roles for law and governance as mechanisms to address health and wellbeing.

Centre for Private and Commercial Law (CPCL) Brings together world-class scholars promoting doctrinal, collaborative, socio-legal and inter-disciplinary approaches. The Centre is home to leading experts in the fields of contract, tort, unjust enrichment, property, commercial, insurance, and company law.

Centre for Law and History Research (CLHR) Consolidates scholarship in legal history and brings together expertise in the history of law over many centuries and several jurisdictions, adopting a variety of methodological perspectives.

Human Rights Implementation Centre (HRIC) 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 International Law (CIL) 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.

As a result, there is opportunity for our researchers to nurture innovative thinking, facilitate fruitful partnerships and take meaningful action based on their findings.

Centre for Environmental Law and Sustainability An international centre of excellence for critical scholarship, teaching and public engagement with environmental law, sustainability studies, and interdisciplinary environmental research.

Case study: Centre for Private and Commercial Law

Vicarious liability in the Supreme Court The Law School’s Professor of Comparative Law, Paula Giliker, was cited in the UK Supreme Court’s recent decision of Trustees of Barry Congregation of Jehovah's Witnesses v BXB.

Lord Burrows also expressed that he derived great help from her recently published book, Vicarious Liability in the Common Law World (2022, ed Paula Giliker): a collection of essays viewing vicarious liability from a comparative common law perspective.

“I’m delighted that my work has been influential in this significant vicarious liability decision, which reached what I regard as the correct decision in this case, overturning a generous Court of Appeal decision that had brought greater uncertainty to the law.”

The case marked the first instance of a University of Bristol Law School Blog being cited in the UK Supreme Court.

Professor Paula Giliker, Co-director Centre for Private and Commercial Law

In May 2023, a Supreme Court judgment saw Lord Burrows state that he had been greatly assisted by an article and blog by Professor Paula Giliker: 'Can the Supreme Court halt the ongoing expansion of vicarious liability? Barclays and Morrison in the UK Supreme Court’ (2021) 37 Professional Negligence 55-72; and ‘Tailoring’ the Close Connection Test for Sexual Abuse Victims: Vicarious Liability in the Court of Appeal’,University of Bristol Law School Blog (2021).

Find out more Read the blogs of Professor Giliker and others on the University of Bristol's Legal Research Blog

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. Key achievements over the past year include: •

Continued to increase the number of postgraduate research students by 10% in one year, following a 40% increase over the past five years.

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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 over the past 5 years.

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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.

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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.

“It was such an amazing experience to have conversations with legal scholars who are shaping the law. It was enriching because this is first-hand information by those who are writing and researching topics that are very important in today’s society, because it’s something we are all facing − whether it’s climate change or the COVID pandemic.” Patty Miranda, PhD candidate

Legal History Conference From 3 - 6 July 2024, the Law School and the Centre for Law and History Research will welcome legal historians from the UK and the world, as Bristol hosts the 26th British Legal History Conference. This is a major gathering of those working on histories of law, held every two years at a different UK university, and is returning to Bristol for the first time since the early 1980s. It's a good time for the Law School to host the conference, given its considerable strength in research and teaching in this area, with several Bristol academics either specialising in Legal History, or taking a historical perspective in their research on modern law, as well as thriving Legal History and Roman Law units on offer to our students. The city of Bristol itself has an important place in the history of law. It has long been a significant legal centre, and a great deal of legal business has been done here for centuries. More recently, the city’s involvement with enslavement and its legacies have come under scrutiny. Bristol has also been an important site for protest and resistance to the law, with connections to a wide variety of law reform causes.

The conference theme, ‘Insiders and Outsiders in the History of Law’, draws on these elements of Bristol’s past. Participants will explore the theme by reflecting on dividing lines drawn in the history of the law, on who, or what, is within and without them. The theme also invites consideration of Legal History itself: which subjects and methods, and whose voices, are inside or outside our discipline? The conference is an opportunity to engage with new research in panel and plenary sessions, and to make links with other scholars outside the formal sessions. The academic organisers, Gwen Seabourne and Joanna McCunn, are particularly keen to bring together newer and more established legal historians, and to explore new perspectives, to ensure that legal history has a flourishing future both within legal scholarship and in academia more widely.

The theme of the British Legal History Conference 2024 is ‘Insiders and Outsiders in the History of Law’. We will be reflecting on dividing lines drawn in the history of the law, on who, or what, is within and without them, and considering Legal History itself: which subjects and methods, and whose voices, are inside or outside our discipline?”

Find out more Find out more about the conference and book your ticket online.

Spotlight on: Centre for Global Law and Innovation

Establishing new LawTech Industry Board The Centre for Global Law and Innovation launched a new LawTech Industry Board. The Board brings together leading industry experts, practitioners and alumni to join the Law School’s academics in advancing legal tech research and education — two key components of our new research-led LLM in Law, Innovation and Technology programme. The LawTech Industry Board provides a forum for the development of the research-led LLM in Law, Innovation and Technology programme and guidance on its academic content, structure, modes of delivery and assessment.

Ian Burton (Head of International Litigation at Google, University of Bristol alumnus)

The Board members work with members of the Centre for Global Law and Innovation to develop in-depth insight into the technological advancements taking place in the legal services, technology and creative industries, in regulation, in policy and other related fields.

Amy Conroy (Data scientist at Mishcon de Reya; University of Bristol alumna)

Through ongoing knowledge exchange and targeted activities, the Board supports our students in developing the skills and knowledge needed to meet the growing demand for industry-ready law graduates.

Tom Morgan (Senior Associate in the Technology, Media, IP and Competition Team at CMS)

The LawTech team will also use its connections with legal tech and related industries to develop extracurricular activities and career enhancing opportunities for students on it courses.

“Bristol is well known for technology and innovation. It is becoming known as the 'silicon gorge' of the UK. Collaborations between academia and industry thrive here.” Dr Václav Janeček, Programme Director LLM Law, Innovation and Technology

Board Members

Alex Lennox (Director of Growth and Strategic Partnerships at Orbital Witness University of Bristol alumna)

Andrew YM Sim (Partner at Baker & McKenzie (Hong Kong), managing the firm’s IP litigation & enforcement practice) Dagmar Steffens (Head of Strategic Innovation at West of England Combined Authority, Founder and Co-Chair of Bristol+BathLegalTech) Richard Tromans (Editor in Chief and the founder of Artificial Lawyer) William Wortley (Associate at Bird & Bird’s Intellectual Property Group (London))

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

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 is to continue to develop our expertise and forge interdisciplinary research agendas within the University of Bristol and beyond.

Engagement and knowledge exchange activities are significant activities in which our academic staff engage. Much has been done in this respect to pave the way for future impact and these activities are embedded in the culture of the Law School through a variety of supportive mechanisms. This includes the development of an ‘impact community’ within the School; impact and engagement training, as well as harnessing the work of our Research Centres. In particular, our research on the regulation of emerging technologies represents a key strategic opportunity for us. The Centre for Global Law and Innovation (CGLI) brings together over 20 Law School experts and serves as the point of contact with the Bristol Digital Futures Institute (BDFI), the Centre for Socio-Digital Futures and the Bristol Digital Game Lab. A joint Law School/BDFI appointment has further strengthened working relationships. CGLI has been increasingly active in shaping UK policymaking through responses to public consultations. Whilst the Centre for Global Law and Innovation (CGLI) is 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 rise of algorithms in public and private decision-making; work on how generative AI will affect creative industries; the regulation of AI from a human rights perspective and the intersection of digital technologies and environmental law, which opens up scope for intersecting work with the School’s new Centre For Environmental Law and Sustainability. Importantly, our expertise in international law and human rights will continue to inform research that tackles the complexities of a globalised world. Building on many years at the forefront of the field, our Centre for International Law and the Human Rights Implementation Centre provides 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.

This is exemplified by the work of Professor Rachel Murray, Professor of International Human Rights, who was awarded the prestigious Economic and Social Research Council (ESRC) Celebrating Impact Prize 2023 in recognition of the outstanding international impact achieved for her project, ‘Collaborative working to address human rights violations for African peoples’. The ESRC-funded research focused on understanding how to enhance the delivery of reparations to victims of human rights violations. It has influenced strategy and decisionmaking in national courts and state authorities leading to significant impacts on communities and individuals. Outstanding research, however, is only possible in an equitable, fair and cooperative environment and in a 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. 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 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. Professor Emma Hitchings Law School Director of Impact

Bristol is home to people from more than 185 different countries. (The Population of Bristol, Bristol City Council 2021)

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 University of Bristol Law School

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

University of Bristol Law School Wills Memorial Building Queen’s Road Bristol BS8 1RJ Email: law-exec@bristol.ac.uk Blog: legalresearch.blogs.bris.ac.uk © University of Bristol 2021