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Outputs (38)

The problem of Vnuk and the EU response: a critique of the law on compulsory motor vehicle insurance (2023)
Journal Article
Marson, J., & Ferris, K. (2023). The problem of Vnuk and the EU response: a critique of the law on compulsory motor vehicle insurance. Journal of Business Law, 2023(8), 639-660

In 2014 the European Court of Justice (ECJ) delivered its ruling in the case Vnuk v Zavarovalnica Triglav, extending the scope of compulsory motor vehicle insurance. The relevant EU legislation, the Motor Vehicle Insurance Directive, imposed a duty o... Read More about The problem of Vnuk and the EU response: a critique of the law on compulsory motor vehicle insurance.

How Supervisors Can Support Doctoral Students to Publish and Not Perish in Academia (2023)
Journal Article
Marson, J., & Ferris, K. (2023). How Supervisors Can Support Doctoral Students to Publish and Not Perish in Academia. Encyclopedia, 3(4), 1358-1372. https://doi.org/10.3390/encyclopedia3040097

“Publish or perish” is a term used for the culture adopted in universities, whereby academic members of staff, typically although not exclusively on research and teaching contracts, are re-quired to publish research. Minimum levels of quantity and qu... Read More about How Supervisors Can Support Doctoral Students to Publish and Not Perish in Academia.

How Supervisors Can Support Doctoral Students to Publish and Not Perish in Academia (2023)
Journal Article
Marson, J., & Ferris, K. (2023). How Supervisors Can Support Doctoral Students to Publish and Not Perish in Academia. Encyclopedia, 3(4), 1358-1372. https://doi.org/10.3390/encyclopedia3040097

Definition “Publish or perish” is a term used for the culture adopted in universities, whereby academic members of staff, typically although not exclusively on research and teaching contracts, are required to publish research. Minimum levels of quan... Read More about How Supervisors Can Support Doctoral Students to Publish and Not Perish in Academia.

Extra-contractual Rules and Third-party Rights of Direct Action: The Court of Justice Defines Claimants' Rights and Insurers' Obligations in Motor Vehicle Agreements (2023)
Journal Article
Marson, J., & Ferris, K. (2023). Extra-contractual Rules and Third-party Rights of Direct Action: The Court of Justice Defines Claimants' Rights and Insurers' Obligations in Motor Vehicle Agreements. European Law Review, 2023(4),

AR v Others is a Polish reference to the Court of Justice centering on the application of Directive 2009/103/EC, the sixth and consolidated Motor Vehicle Insurance Directive (MVID), and the obligations therein regarding insurers' liability to third-p... Read More about Extra-contractual Rules and Third-party Rights of Direct Action: The Court of Justice Defines Claimants' Rights and Insurers' Obligations in Motor Vehicle Agreements.

The Shape of You, or in Other Words, why Teach Entrepreneurial Awareness as a Clinical Attribute? (2023)
Journal Article
Marson, J., & Ferris, K. (2023). The Shape of You, or in Other Words, why Teach Entrepreneurial Awareness as a Clinical Attribute?. International Journal of Clinical Legal Education, Special edition: Entrepreneurial Law Clinics in Clinical Legal Education, 109-140. https://doi.org/10.19164/ijcle.2023.1312

Commercial law clinics are not a new phenomenon, and indeed in this very journal reports and academic commentary have been presented which identify and explore the nature, formation and operation of such clinics. However, these contributions focus on... Read More about The Shape of You, or in Other Words, why Teach Entrepreneurial Awareness as a Clinical Attribute?.

A Sledgehammer to Crack a Nut? Directive 2021/2118 and Exclusions as Antidotes to Vnuk (2023)
Journal Article
Marson, J., & Ferris, K. (2023). A Sledgehammer to Crack a Nut? Directive 2021/2118 and Exclusions as Antidotes to Vnuk. European Public Law, 29(2), 157-180

As part of EU legislation regulating the compulsory insurance of motor vehicles, the Motor Vehicle Insurance Directives (MVID) imposed onto Member States the obligation to ensure that civil liability for vehicles normally based in their territory is... Read More about A Sledgehammer to Crack a Nut? Directive 2021/2118 and Exclusions as Antidotes to Vnuk.

Changing lanes and removing rights: Quashing the judicial activism of the Court of Justice through Directive 2021/2118 (2022)
Journal Article
Marson, J., & Ferris, K. (2022). Changing lanes and removing rights: Quashing the judicial activism of the Court of Justice through Directive 2021/2118. European Law Review, 47(6), 773-790

Since the first Motor Vehicle Insurance Directive (MVID) in 1972, not only did the scope of the legal protection of victims of motor vehicle accidents increase in each of the five subsequent MVID iterations but so did the activism of the Court of Jus... Read More about Changing lanes and removing rights: Quashing the judicial activism of the Court of Justice through Directive 2021/2118.

From insurer of last resort to an insurer of convenience: the Court of Appeal and the recanted policy (2022)
Journal Article
Marson, J., & Ferris, K. (2022). From insurer of last resort to an insurer of convenience: the Court of Appeal and the recanted policy. Law Quarterly Review, 138, 546-551

Comments on Colley v Motor Insurers' Bureau (CA) on the Bureau's liability to compensate injured third parties denied statutory indemnity by the vehicle's insurers where the policy was later avoided for material misrepresentation, considering the pro... Read More about From insurer of last resort to an insurer of convenience: the Court of Appeal and the recanted policy.

When is an Insured Vehicle an Uninsured Vehicle? (2022)
Journal Article
Marson, J., & Ferris, K. (2023). When is an Insured Vehicle an Uninsured Vehicle?. Modern Law Review, 86(2), 551-563. https://doi.org/10.1111/1468-2230.12762

In Colley v Motor Insurers’ Bureau the Motor Insurers’ Bureau appealled against liability to satisfy a claim for damages for injuries suffered by a passenger in a motor vehicle accident. The driver was uninsured, but at the time of the accident the v... Read More about When is an Insured Vehicle an Uninsured Vehicle?.

The Investigatory Powers Act 2016 and Connected Vehicles: A New Form of Panspectric Veillance Looming? (2022)
Journal Article
White, M., Ferris, K., & Marson, J. (2023). The Investigatory Powers Act 2016 and Connected Vehicles: A New Form of Panspectric Veillance Looming?. Statute Law Review, 44(1), Article hmac004. https://doi.org/10.1093/slr/hmac004

Connected and autonomous vehicles (CAVs) currently exist in varying states of readiness to, at one end of the spectrum, assist the driver in normal driving activities and at the other operate in fully autonomous mode, requiring no driver input at all... Read More about The Investigatory Powers Act 2016 and Connected Vehicles: A New Form of Panspectric Veillance Looming?.

The lived experiences of African international students in the UK: Precarity, consciousness and the law (2022)
Book
Marson, J., Ferris, K., & Dirisu, M. (2022). The lived experiences of African international students in the UK: Precarity, consciousness and the law. Anthem Press

This study presents the findings from an investigation of the lived experiences of international students from sub-Saharan Africa in the United Kingdom. It demonstrates their reactions to immigration rules, the restrictive approaches to employment st... Read More about The lived experiences of African international students in the UK: Precarity, consciousness and the law.

Dispute Resolution in Refugee Family Reunion Law. Could Mediation Provide a More Therapeutic Solution? (2021)
Journal Article
Marson, J., & Ferris, K. (2021). Dispute Resolution in Refugee Family Reunion Law. Could Mediation Provide a More Therapeutic Solution?. European Journal of Current Legal Issues, 25(1),

Refugee family reunion is a mechanism whereby refugees residing in a safe host-country may apply to have their families, typically residing abroad, join them to live and restart their lives in safety. This system operates under international and dome... Read More about Dispute Resolution in Refugee Family Reunion Law. Could Mediation Provide a More Therapeutic Solution?.

Regulating Connected and Autonomous Vehicles Through a Lens of Inclusivity (2021)
Journal Article
Marson, J., Dickinson, J., & Ferris, K. (2021). Regulating Connected and Autonomous Vehicles Through a Lens of Inclusivity. Hong Kong Law Journal, 51(3), 983-1012

Following concurrent global enthusiasm and concern regarding the introduction into public spaces of connected and autonomous vehicles (CAVs), this paper critically examines the legal, regulatory, and policy frameworks around their introduction, focus... Read More about Regulating Connected and Autonomous Vehicles Through a Lens of Inclusivity.

Driving Towards a More Therapeutic Future? The Untraced Drivers Agreement and Conscious Contracting (2021)
Journal Article
Marson, J., Alissa, H., & Ferris, K. (2021). Driving Towards a More Therapeutic Future? The Untraced Drivers Agreement and Conscious Contracting. European Journal of Current Legal Issues, 25(1),

Therapeutic jurisprudence (TJ) is an emerging and developing philosophy which, established by Winnick and Wexler, and continued by the work of Perlin (inter alia), has been predominately used to explain the operation and efficacy of drug courts and t... Read More about Driving Towards a More Therapeutic Future? The Untraced Drivers Agreement and Conscious Contracting.

The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of 'Autonomous' Vehicles (2021)
Journal Article
Marson, J., & Ferris, K. (2023). The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of 'Autonomous' Vehicles. Statute Law Review, 44(1), Article hmab016. https://doi.org/10.1093/slr/hmab016

Self-driving cars, also referred to as connected and autonomous vehicles, are not only in vogue among technology and car enthusiasts (among others) but they have been broadly considered to form a new and disruptive means of transport. The benefits of... Read More about The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of 'Autonomous' Vehicles.

Students as researchers: the effects of employing law students on an empirical research project (2021)
Journal Article
Dickinson, J., Ferris, K., & Marson, J. (2022). Students as researchers: the effects of employing law students on an empirical research project. Law Teacher, 56(2), 158-170. https://doi.org/10.1080/03069400.2021.1896851

Given the increasingly competitive higher education (HE) marketplace, it is becoming progressively more important for university law schools to distinguish their offer. In England and Wales, it is commonplace for non-law undergraduate degree programm... Read More about Students as researchers: the effects of employing law students on an empirical research project.

Resolving the Inconsistency between National and EU Motor Insurance Law. Was Factortame the Solution nobody Sought? (2021)
Journal Article
Marson, J., Alissa, H., & Ferris, K. (2021). Resolving the Inconsistency between National and EU Motor Insurance Law. Was Factortame the Solution nobody Sought?. German Law Journal, 22(1), 122-146. https://doi.org/10.1017/glj.2020.98

In this article we argue that the continued uncertainty of UK national motor vehicle insurance law when viewed in respect of its EU parent, the Motor Vehicle Insurance Directive (MVID), has not been satisfactorily addressed using the remedy available... Read More about Resolving the Inconsistency between National and EU Motor Insurance Law. Was Factortame the Solution nobody Sought?.

Too little, too late? Brexit Day, transitional periods and the implications of MIB v Lewis (2020)
Journal Article
Mason, J., & Ferris, K. (2020). Too little, too late? Brexit Day, transitional periods and the implications of MIB v Lewis. European Law Review, 2020(3), 415-426

For several decades the UK has been in breach of key aspects of the Motor Vehicle Insurance Directives (MVID). This has been observed through academic commentary and confirmed in successful state liability claims. There has also been a manifestly inc... Read More about Too little, too late? Brexit Day, transitional periods and the implications of MIB v Lewis.

Timis v. Osipov: Personal Liability? Decision Makers and Advances in Whistleblowing (2020)
Journal Article
Marson, J., Ferris, K., & Jefferson, M. (2020). Timis v. Osipov: Personal Liability? Decision Makers and Advances in Whistleblowing. Business Law Review, 41(1), 34-35. https://doi.org/10.54648/bula2020005

Much has been written recently about employment status including bogus self-employment, atypical workers, zero hours contracts and about vicarious liability in the law of torts and employment law. The case under discussion does not deal with these is... Read More about Timis v. Osipov: Personal Liability? Decision Makers and Advances in Whistleblowing.

The Automated and Electric Vehicles Act 2018 Part 1 and Beyond: A Critical Review (2019)
Journal Article
Marson, J., Ferris, K., & Dickinson, J. (2020). The Automated and Electric Vehicles Act 2018 Part 1 and Beyond: A Critical Review. Statute Law Review, 41(3), 395–416. https://doi.org/10.1093/slr/hmz021

On 19 July 2018 the Automated and Electric Vehicles Act 2018 (AEVA) received Royal Assent. As motor vehicles are becoming increasingly technologically-based, with driving aids having taken over many of the more mundane (and possibly dangerous) aspect... Read More about The Automated and Electric Vehicles Act 2018 Part 1 and Beyond: A Critical Review.

Applying Refugee Family Reunion Law Therapeutically (2019)
Journal Article
Ferris, K., Marson, J., & Kawalek, A. (2019). Applying Refugee Family Reunion Law Therapeutically. Beijing Law Review, 10(5), 1172-1196

This paper aims to highlight some of the key issues surrounding the development and application of immigration law as it applies in the United Kingdom (UK) to refugees attempting to be reunited with their families living abroad. The right for refugee... Read More about Applying Refugee Family Reunion Law Therapeutically.

For the Want of Certainty: Vnuk , Juliana and Andrade and the Obligation to Insure (2019)
Journal Article
Marson, J., & Ferris, K. (2019). For the Want of Certainty: Vnuk , Juliana and Andrade and the Obligation to Insure. Modern Law Review, 82(6), 1132-1145. https://doi.org/10.1111/1468-2230.12466

In 2014, in the wake of the Court of Justice of the European Union (CJEU) ruling in Case C-162/13 Damijan Vnuk v Zavarovalnica Triglav, the law relating to compulsory motor vehicle insurance began to undergo significant change. Nationally, the requir... Read More about For the Want of Certainty: Vnuk , Juliana and Andrade and the Obligation to Insure.

A vineyard in a law clinic: the practical application of a therapeutic jurisprudence philosophy in a UK law clinic (2019)
Journal Article
Marson, J., Ferris, K., & Kawalek, A. (2019). A vineyard in a law clinic: the practical application of a therapeutic jurisprudence philosophy in a UK law clinic. Singapore Journal of Legal Studies, March 2019, 124

In late 2015, the British Red Cross approached the lead author. It was increasingly evident that given the austerity-driven political agenda of the UK government in cutting public funding to advisory services, coupled with the developing refugee cris... Read More about A vineyard in a law clinic: the practical application of a therapeutic jurisprudence philosophy in a UK law clinic.

After arrival, the problems facing refugees and their families : a clinical legal response (2018)
Journal Article
Marson, J., & Ferris, K. (2018). After arrival, the problems facing refugees and their families : a clinical legal response. International Journal of Clinical Legal Education, 25(2), 185-217. https://doi.org/10.19164/ijcle.v25i2.726

Since 2016, a Refugee Family Reunion Law Clinic has operated from Sheffield Hallam University’s Helena Kennedy Centre for International Justice (hereafter HKC Law Clinic). Given the austerity-driven political agenda of the UK government in cutting pu... Read More about After arrival, the problems facing refugees and their families : a clinical legal response.

The consequences of the Brexit vote on management attitudes to recruitment in the hospitality industry (2018)
Journal Article
Ferris, K., Cameron, D., Jenkins, A., & Marson, J. (in press). The consequences of the Brexit vote on management attitudes to recruitment in the hospitality industry. Business Law Review, 39(4),

This article investigates the perceptions of managers in the hospitality industry to the Brexit vote and its implications for their recruitment strategies. A survey instrument was used to ascertain perceptions of challenges and opportunities around k... Read More about The consequences of the Brexit vote on management attitudes to recruitment in the hospitality industry.

Business Law (2018)
Book
Marson, J., & Ferris, K. (2018). Business Law. (5). Oxford University Press (OUP)

Brexit means Brexit: what does it mean for the protection of third party victims and the Road Traffic Act? (2018)
Journal Article
Marson, J., Ferris, K., & Nicholson, A. (2018). Brexit means Brexit: what does it mean for the protection of third party victims and the Road Traffic Act?. Statute Law Review, 39(2), https://doi.org/10.1093/slr/hmx006

The UK’s referendum decision of 23 June 2016, where voters elected to leave the European Union (EU), will fundamentally change aspects of national law. Much debate has focused on the constitutional implications of the decision and the procedure by wh... Read More about Brexit means Brexit: what does it mean for the protection of third party victims and the Road Traffic Act?.

Misunderstanding and misapplication of motor insurance law: will the Supreme Court come to the rescue? (2017)
Journal Article
Marson, J., & Ferris, K. (2017). Misunderstanding and misapplication of motor insurance law: will the Supreme Court come to the rescue?. European Journal of Current Legal Issues, 23(2),

For many years a tension has existed between the law of the European Union governing motor vehicle insurance and the UK’s transposition, interpretation and application of its national law. Cases including Delaney v Pickett & Tradewise [2011] EWCA Civ... Read More about Misunderstanding and misapplication of motor insurance law: will the Supreme Court come to the rescue?.

Family reunion in a university law clinic: a model for law schools? (2017)
Journal Article
Marson, J., Ferris, K., & Tudor, C. (2017). Family reunion in a university law clinic: a model for law schools?. European Journal of Current Legal Issues, 23(2),

This paper outlines the establishing of a law clinic to assist individuals with their application under the refugee family reunion (RFR) provision. We consider that a significant gap exists in the scope of university law clinics to provide a dedicate... Read More about Family reunion in a university law clinic: a model for law schools?.

Motor vehicle insurance law: ignoring the lessons from King Rex (2017)
Journal Article
Ferris, K., & Marson, J. (in press). Motor vehicle insurance law: ignoring the lessons from King Rex. Business Law Review, 38(5),

Following a review in 2013, the Motor Insurers’ Bureau (MIB) established the Uninsured Drivers Agreement (UDA) 2015. The aim was to implement aspects of the Motor Vehicle Insurance Directives (MVID). The UDA 2015 contained numerous errors in its draf... Read More about Motor vehicle insurance law: ignoring the lessons from King Rex.

Irreconcilable Differences? The Road Traffic Act and the European Motor Vehicle Insurance Directives (2017)
Journal Article
Marson, J., Ferris, K., & Nicholson, A. (2017). Irreconcilable Differences? The Road Traffic Act and the European Motor Vehicle Insurance Directives. Journal of Business Law, 1, 51-70

The UK has a chequered past in relation to its compliance with EU law. In some instances, it has gone beyond the minimum requirements imposed by its EU parent in providing protection for individuals (see for instance the UK’s implementation of art.9... Read More about Irreconcilable Differences? The Road Traffic Act and the European Motor Vehicle Insurance Directives.

Collective redress: broadening EU enforcement through state liability? (2016)
Journal Article
Marson, J., & Ferris, K. (2016). Collective redress: broadening EU enforcement through state liability?. European Business Law Review, 27(3), 325-351

This article advances an argument that private enforcement of European Union (EU) rights has largely been stunted due to a series of blocking tactics by Member States, enabled through a form of tacitic subservience of the Court of Justice of the Euro... Read More about Collective redress: broadening EU enforcement through state liability?.

The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority (2016)
Journal Article
Marson, J., & Ferris, K. (2016). The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority. Statute Law Review, 38(2), https://doi.org/10.1093/slr/hmw043

In the United Kingdom, motor vehicle insurance is governed by national and EU law. In respect of the EU requirement that member states establish a guarantee fund from which the victims of negligent uninsured or untraced drivers may obtain compensatio... Read More about The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority.

Delaney and the Motor Vehicle Insurance Directives: lessons for the teaching of EU law (2016)
Journal Article
Marson, J., & Ferris, K. (in press). Delaney and the Motor Vehicle Insurance Directives: lessons for the teaching of EU law. Law Teacher, 51(4), https://doi.org/10.1080/03069400.2016.1201742

A recent series of cases relating to the EU Motor Vehicle Insurance Directives and their application in the UK makes for interesting reading. It is the UK’s negligent transposition, and a lack of knowledge and awareness by lawyers and judges in the c... Read More about Delaney and the Motor Vehicle Insurance Directives: lessons for the teaching of EU law.

Splitting hairs? (2016)
Journal Article
Marson, J., & Ferris, K. (2016). Splitting hairs?. New Law Journal, 166(7710),

Splitting hairs? Is it discrimination? James Marson & Katy Ferris examine the different approaches of the court to mistreatment on grounds of nationality & immigration status (2016)
Journal Article
Marson, J., & Ferris, K. (2016). Splitting hairs? Is it discrimination? James Marson & Katy Ferris examine the different approaches of the court to mistreatment on grounds of nationality & immigration status. New Law Journal, 166(7710), 10-11

In Brief: In Taiwo v Olaigbe and another: Onu v Akwiwu and another the Supreme Court had to decide whether the appellants suffered mistreatment on the basis of their nationality (protected by s13(1) of the Equality Act 2010 (EqA 2010)) or due to thei... Read More about Splitting hairs? Is it discrimination? James Marson & Katy Ferris examine the different approaches of the court to mistreatment on grounds of nationality & immigration status.

The transposition and efficacy of EU rights: indirect effect and a coming of age of state liability? (2015)
Journal Article
Mason, J., & Ferris, K. (2015). The transposition and efficacy of EU rights: indirect effect and a coming of age of state liability?. Business Law Review, 36(4), 158-168

Throughout the duration of the UK's membership of the European Union (EU), non-implementation and incorrect transposition of Directives has been commonplace. Coupled with the Court of Justice of the European Union's refusal to extend the direct effec... Read More about The transposition and efficacy of EU rights: indirect effect and a coming of age of state liability?.