Civil Appeals court

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Report Thread starter 8 years ago
I have a really obscure essay to write relating to Public Law.

It relates to what and when can you use Public Interest in Civil Matters. I have read And all public interest seems to relate to Public Authorities. I am concerned about the idea of Public Interest against private individuals and organisations. Is it even legal, or should it be presumed that it is not possible.

I need to make a public interest argument as relates to unpaid labour, performed by the unemployed in private organisations. Through the promise of work, or reward of some kind.

Forced or Compulsory Labour
.The ECHR in the case of Van der Mussele 8919/80 affirmed that the ILO conventions were the starting point for interpreting Article 4. The conventions, defined forced or compulsory labour as being 'all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily'. To that end, the section 71 offence will require an element of coercion or deception between the defendant and the victim.

I am trying to ascertain the merits of arguing that this is a case that should be made in the Courts of Appeal as opposed to County Court so as to avoid ambiguity concerning what can be constituted as voluntary or not. When does voluntary stop being voluntary. Also deception and coercion clarification, not to mention that penalties are clearly defined. So using civil proceedings, with what is essential perceived as criminal law. Seems cloudy at best. I probably should have chosen an easier essay, but this is more interesting.
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Report 8 years ago
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