Poem 3

Working Title Rush:

Heart pumping

Each ball of sweat Just dripping I can’t ignore it

Who are these people Standing on the right

Don’t they realise

This is London

People have places to go. We don’t care if they can relax. That their friends want to chat, I’ve got a train to catch.

Waiting is a suckers game I want to murder on the dance floor, go grab dinner with grandma.  I’ve got a world to conquer. I haven’t been waiting all night for this fight.  I’ll be on the run having a some blue nun .

Might hazard a guess that I’m no Salah, But I ain’t no Paulinhio either,  I plan on Kane-ing after August,  I’m Onna-mah way to the top. Better watch out, Fergie ain’t got the time to save you.

Time for me to fly past. So move out the way or get blown away

Entry 43

Just coming back from Tottenham vs Brighton. Game ended 2-0 to Spurs. It’s the last time I’ll see the team this year, though not too sad that I won’t be standing in the freezing British winter. So again, apologies for any confusion regarding spelling or grammar.

Today started off with a lecture in Land Law and we continued with our look at mortgages. Mortgages are not what most people would call exciting or interesting, however the law regarding this area is  relatively straightforward. That’s my favourite thing about land law, you can always go to the statue book and rule will be there. That’s not to say that there is no case law, but it’s not as overwhelming as Tort Law. The lecture we had today was about the remedies of mortgages and the rights of the borrower and borrowee when it comes to a default in the mortgage. While the borrower has a large amount of rights, when it comes to the sale of the property/land, the rules regarding how the money is settled is interesting as there is priority for the cost of the sale, which could leave the lender in negative equity or if they hold off and sell later, a poor market can really harm the lender (even when the courts are being generous towards them).

After land, I had Tort. As always Tort is case heavy, but today it wasn’t as much as normal. We explored the laws around product liability and since the law has been modernised through an EU directive, there is a clear cut way of understanding what should be done and what are the acceptable defences. Since there are a limited number of defences, what you see in day to day life is an overwhelming number of warning labels which state the obvious (think of your pack of eggs that state that the potential allergen is eggs). I agree with the lecturer, if there are far too many warnings on products to prevent liability, then people will disregard the warnings (or not read them at all). The policy question is, are the rules there to help ensure that the customer can sue in absence of the warning or are the rules about ensuring that the most important danger is made clear and allowing more cases of people doing things that could make it to Harry Hill’s TV burps? Just for entertainment purposes alone, you should pick the latter.

Entry 39

Feeling better today and I ended up going to the Tottennham vs Apoel match (Spurs won, so all is good in the world).  So this is another post typed on the cell, so apologies for any incorrect spelling mistakes or grammar issues.

We had an odd Equity lecture today. It was the last for the term and we spent most of it going through some revision material. It barely lasted an hour, however if we are ahead of schedule, why not? The main lesson from the lecture, is to make sure that my work is up to date before the end of the holidays, as waiting for the end of the year is just a death wish.

This was followed by Tort were we started to examine cases involving visitor liability. Understandably, children are given free reign over the world (most of the time) and are not seen as fully responsible. The issue of a rational agent vs Clapham omnibus man was evident again. Listening to some of the cases you think: “Really, how did you think jumping into a pond head first was a smart decision?” While the courts agreed with me in this particular case, when dealing with problem questions I still need to remind myself that law accepts the fallibility of man and that I shouldn’t be going too hard on the people I read about.

Finally I will quickly talk about my public law work. For the class on Friday we have to represent a German citizen post Brexit who has lost their right to work. And quite frankly I think he is screwed. There is no international treaty to help him (just loads of recommendations), as he is not a refugee or an asylum seeker. Can parliament do this? Yeah, it can do what ever it wants. Would it? Maybe not intentionally…but hey, have you seen the UK government? They make the simple look impossible and the make the impossible a fantasy.

Entry 31

These Champions League games are definitely prohibiting me from writing as much as do. However, I’m not going to stop watching Spurs, I have a relationship with the club. No relationship is too strong of a word. Bond? No, relationship. I’ve even written a post about it (click here to read about it, and here for the follow up).

Let’s start with yesterday. The first thing was an equity and trust tutorial, and it was quite a difficult topic for me. We were discussing the constitutions of trusts. While there are not loads and loads of cases, I will have to spend some of my weekends re-reading the textbook. It is quite difficult to understand what is happening from the off. Thankfully the class helped clear up some things, but again my answer to the problem question is seems to be off the mark. It’s not that I’m not misusing cases. Instead, I keep on messing my length. I seem to have a paragraph at most. I just struggle to go through the cases in as much detail, rather than (what I do) just quote them. I need to show that I understand the circumstances, well I think so, but I have to book some office hours to talk over this. I definitely cannot work this out in the blog post. (Shame. I know)

Following this I had the first lecture in administrative law which I have to say was a waste of time. All the information could have been sent in an email (or was already there in the handout). We spent about 40 minutes talking about the next section of our Public Law course. However, we have such limited time on the course, it could have been used more efficiently. Looking at my notes, I wrote: “Stop talking about lectures in the META!” He’s done it again! Again! When we finally spent 30 minutes talking about the judicial review system, it picked up, and I hope that it relates to Tort law as this is about Governmental Organs being held accountable. As somebody who lives and breathes politics (current affairs and academics) this is one of the most exciting areas. Especially in the news. The number of times you see a department failing may seem worrying. However, it is also a sign that their people are fighting to fix the system. People believe that system can work. That’s pretty positive.

Following that, I had what can only be described as a nightmare. No, that’s too positive of a word. Maybe a tormenting experience of Land Law. It wasn’t because the tutor was horrible, it’s just the first time I really felt out my depths. Before and during my tutorial. I read two different book chapters on the topic, and I still didn’t get. Then in the class, the tutor just breezed through the topi. I was just lost. I wrote down loads of notes, but I there is far more work for me to sort out in the coming days. Need to work my knowledge of the Statute as well.

I also had student-staff meeting.Let’s just say I’m glad I bailed early for Tottenham.

Today (Yeah, I underlined it.)

Started the day with equity and trusts which was, as always, an excellent lecture. We ended the issue of non-charitable trusts. How can we have things that are not businesses or charities legally hold property (think political parties, though I’m sure that some people would claim that their party is for the public good. My opinion on this issue, don’t associate with these people. Plenty of fish in the sea, as they say).  Not too tricky of a situation to sort out, in equity. Just go through a contractual approach, with a network of rights and rulebooks. Also make sure in the rule, that no one can walk away with the money. We moved onto secret trusts and how they work. I would love to tell you about it. However, it is a secret…. Nah I’m just messing with you. Two types, fully secret and half-secret. This whether or not they are mentioned on the will. Now you might be against it, why should you be able to hide your intentions? Well, first of all, you have the right to privacy. Why should you tell, though there are the people who say: Doing nothing wrong, nothing to hide. Well, my first thought is if that’s the case with their internet history; What are they doing online? Missing out on sooo much.  You might want to protect someone. Why should the family know that I preferred one person to another and that’s why I gave them all the details to my banking accounts in a diary (or whatever valuable property you want to insert, say a family heirloom)? Yes, some people will abuse it (like the issue with pets last week), but if people want to do something. They’ll find a way. (yeah, the constant capitalism indoctrination I keep pushing). The only significant thing for you (the reader) to remember. Communicate your wishes before death. Not the hardest thing to do.

Finally, I had tort law where we looked at vicarious liability and how this relates to employers being liable for what their employees did. As always in Tort, we looked at loads and loads of cases. Not much to say, but sometimes the courts (in my opinion) have got things totally wrong. The actions by the employees are sometimes would make an imbecile look like a Nobel Prize Winner for Physics. Who thinks smoking at a petrol station, is a good idea?!? Fuel + Flame = Explosion. It’s not rocket science (maybe not the best analogy, but you get my point). Utterly ridiculous.

Just like the length of this post. Damn! Nearly 1000 words. Hope this makes up for yesterday.

Entry 30

Well today has two versions. Pre-Tottenham and post-Tottenham. I’m typing this in a post-Tottenham world.

I had far too great of a time with the Fighting Cock and watching Spurs, along side Leo, to type out a proper response. Tomorrow I promise you a full response about public, equity and land law.

For now, Tottenham have qualified top of the group against Madrid and Dortmund (and Apoel). Honestly, I’m in cloud nine and there is no point in talking about law until tomorrow.

I’m in cloud nine and just wish to enjoy it!

Entry 29

Another Friday entry written on the phone. Sorry for the spelling and grammar mistakes. (Hopefully I will not make this a habit. I dearly miss sleep)

Today I had just Criminal Law, with a lecture in the morning and then a tutorial in the afternoon.

In today’s lecture we continued with our look into Homicide, particularly in the sense of manslaughter. The actus reas is the same in murder, so what we explored is the difference in mens rea.
From a consequentialist view (totally not discussed this in class, nor in the same way) there is no difference between the two. However the Law takes more of a deontological view, in that the intentions do natter. However looking through the case law with Woollins and statutes regarding loss of control, this is not always the case. From Woollins, there was too large of scope to determine if the case was murder and in the areas regarding strict liability there seems to be a disregard for the mens rea in order to stop love (or in the words of the professor: luuuv) crimes being justified (such as infidelity causing loss of control). So the law seems to differ here and places normative values (nod to public law (total in joke) ) into the legal system, which I would argue should be left to the jury. Not the judge or parliamentarians to decide.

The tutorial is pretty much a continuation of the lecture, but we were given some feedback on the coursework we handed in. Apparently we were quite impressive, but I’ll wait and see when I get back my paper.

Also, almost done with my public law essay. So at least there’s that. However this weekend is all about the North London Derby!

Entry 20

Alright, I’m still a bit high from yesterday’s win. But can you really blame me? Spent the whole day with a massive grin on my face (which is quite usual for me come to think about it or see any of my photos…). Today I was back into the thick of things with EU Law tutorial& lecture, with Land law in between.I’ll quickly start with yesterday, which was a double whammy of Tort and Equity.

Yesterday saw the beginning of my new process of using note cards (see attached picture). I actually found this a magnificent way to get cases down in lecture as well as you for tutorial preparation. As each case is on a small note card, it forces me to just stick to the main details of the case and the decisions by the judge. All in all, this is beneficial for keeping things in order as well being used for revision in the future as I am making flashcards as we go on. I definitely prefer this to mind maps as I can always just write a new card if I make too many errors or find that I want to change things on the card. Maybe that’s part of the perfectionist inside of me. Don’t like to see lots of crossed out things from a resource I wish to learn from. (though if you were to see my A4 notes in lecture, boy or boy is it messy)

This was after an Equity Lecture where I kept on with my business and where we explored formalities. I’m going, being honest with the fact that I’m still grappling with the concept of formalities and probably to spend a bit of time over the weekend re-reading the cases and the and the textbook. The one major thing that I did take away from the issue of formalities is that by just doing the paperwork correctly; saves everyone a heck of a time and that being clear and precise is worth its weight in gold.

Today I started my day pinching myself, to check that last night wasn’t a dream…I mean…

Today started with my EU tutorial where we spent the majority of our time discussing the mechanics of Article 50. The triggering, the process of how it works and the consequences of the Article. Hopefully, I want to go into a full Brexit rant again but sometimes it just really annoying to see how people don’t understand one of the most crucial issues of our time (in Britain). In class, we talked about the vagueness of the Article and with such broad scope how this is detrimental in some ways; no one expected it to be triggered thus not fleshed out. In other ways, positive; I’ll say that it is positive because countries may leave for different reasons and this having a strict set of things that one must negotiate about, might just be a waste of time. We also looked at the reasoning of why the British government wants to start negotiating the trade deal as soon as possible and why the EU is using its’ hand to wait longer (as there is that two year limit in the treaty). This led onto the why there may need to be a transition period for non-business reasons but rather simplifying the legal route to a free trade agreement. I then brought up the fact the Article doesn’t mention us withdrawing our letter of notifying us leaving (hence saying lol jk Yurop. We’re staying fam, it was only a prank!).  Basically, it’ll probably go to the ECJ where the UK would have to fight to stay in and that the other nations might just want to throw us out. We did also discuss supremacy, but I’ve written quite a bit so far.

Then we had Land law which was just looking at propriety rights and how they transfer depending on the exchange (see section 288/29 of the Land Registration Act 2002). I wish I could say anything more, other than this, but it is a dense topic (quite rightly). Land law is becoming my favourite module, due to it’s adherence to rules to the letter.

I finally had my final lecture of the day, which was a return to EU Law. I don’t know how many times I’m going to have to write this but; THE TREATIES MATTER! Don’t bother criticising EU law until you wrap your head around this concept. It just really helps you put things into perspective when there a decision is made that seems out of place. We spent the majority of the lecture looking at how directives work and the implementations into the domestic courts worked. Essentially directives (not in themselves,  but from the case law resulting from them) give the citizens the power to the government to court over the failure to implement EU law. Why is this important, the common market requires regulation and the best people to regulate the market? The people who gain the most from the market! The consumers. I mean the citizens!

There’s probably more I can say on the topic, but I’ve typed out far more than intended to make up for yesterday (though I wouldn’t change it).

Entry 14

Today was a tripleheader of Equity, Public and Land Law. However, more important than all three, Tottenham played Real Madrid at the Santiago Bernabeu, so as an avid Spurs fan that has eaten up into my time to write this blog post.

In today’ tutorial for Equity and trusts, we continued to examine trusts and the purposes for today’s class we spent our day looking at discretionary trusts. What I took from the class (which is relevant to all the areas of law) is the importance of wording when describing what is happening in the trust, i.e. is this a trust or a power of appointment. While in writing them we care about the words, this might not have been the case for the settler, so we must also consider the importance of the meaning (or intent) of the settler. While the latter might not always be upheld, especially if the wording is loose, it should not just be disregarded.  That is to say, the use of precatory words do not create trusts, but nor do they prevent trusts.

Then I had my lecture in public law. We have continued to look at the result of cases regarding common law to create retrospective laws, which seems to be fine ( the example of marital rape) but don’t seem okay when Parliament does so (the Burmah Oil example). I do not think that is a problem in a legal sense for Parliament to have retrospective laws, Parliament is sovereign. It can do what it wants. Putting on my political scientist hat for a few minutes; they won’t do whatever pleases them or suits them due to game theory. While Parliament as an institution can do whatever it wants, MPs cannot. They are bound to their electorate and baring a civil war, or a revolution will be at the will of the people (precisely not what the Daily Mail refers to, I jest). Also, Parliament has to deal with foreign governments, and if they wish to conduct business with them over time (repetitive game), then they have little interest to defect to changing what they agreed to in the past (bit more commentary on Brexit: Britain will give money to the EU decades after leaving (it’s the pensions that have already been agreed. Don’t like it? Tough, we decided to it and if we want to prove to others that we are going to keep our word when coming to future trade deals. No project fear, just bleeding reality).

Gone slightly off topic…

Finally, we had our first tutorial in land law. I must say that the change in preparations really paid off. While I did not contribute to the class, I was able to stay on top of what everyone saying and understand points being raised. And as always, Land Law is about being anal, though not seemingly in the case eofManchester Aiport Plc v Dutton. While I would like to go on. I have far surpassed my word limit if you want to know more, just shoot me a message.

PS. Hugo Lloris, what a man!

Entry 8

Today was land law lecture day. Well I two land law lectures, so I am running with it. The first thing you need to know about land law is that it is anal. What I mean by this, is while land law is common law (make no exception to it), it relies on statute law (apparently). The reason why the relationship with statue is essential to making land law anal, is simply that land law doesn’t give a hoot to what is just. If you have your contract forfeited in a mortgage on day one and have no clause in the contract to only forfeit if you default on your terms of repayment. Then tough luck. You may be able to go through other legal options, but not land law. As I said before, it’s anal. For me, I prefer this to a degree. I can be pedantic (not just because it rhymes with my name) and entirely facetious when arguing about…well almost anything. It comes naturally to me. The only possible issue ahead is that terms in land law are for land law only. This could cause some confusion in the future.

Today we focused on proprietary rights with land and going through the different types of possessions of land. The one type of right that stood out to me was options right. Options are giving the person a right to purchase at a pre-agreed price in the future, regardless of the market rate. The reason that this stood out to me is that I have seen this before at home (dining table chat between my parents) and in the office. Options are used in the futures markets (and in other financial markets) and are a financial tool used to guarantee a win essentially (they have a high cost, so not available to most people). If you think the market is going one way up, you go long on the asset and then place a put option at the price you are willing to leave the market at. If the price goes beyond that, don’t use the option and sell higher. Market collapses, and you messed up, use your option to make money still (or reduce losses). The real question is who on earth is going to give you an option? In financial markets, there are loads of firms (depending on jurisdiction), but why would you do it with land? In the UK at least, prices are tending to go up. The only reason I could imagine it in was during a sale of a large piece of land where the seller would have an option to buy back at a particular rate, but honestly, I would be wary of such an offer. If the option is not worth it, they won’t use, so the result is that the piece of land was not worth it, and if it is good then you will get stuffed (or the holder of the option is an idiot). So if you are more of a risk taker, try and pay a higher rate and secure your future.

Take an example from football, Dani Carvajal moving from Real Madrid to Bayern Leverkusen in 2012 for roughly 5M Euros, and then being sold back a season later for 6.5M Euros. You might say Leverkusen did well, 1.5M profit, but if you look at his market value of 10M at the time and it is one year into a five-year contract. Could have done a lot better. So if you can afford to purchase a call or put option, you should be making bank.