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Mixed Systems Contact Group


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Sri Lanka/Scotland/South Africa: Mixed Systems Contact Group

Note on contact established over 8-10 December 2005 in Colombo, the focus being a conference organised jointly by the Universities of Colombo, Edinburgh and Aberdeen at the Galle Face Hotel on 9 December 2005. This meeting was postponed from its originally scheduled date in early January 2005 because of the Boxing Day 2004 Tsunami disaster. A copy of the conference programme can be downloaded here.

I feel the trip was a definite success in terms of a start for future contact. As to this, and that we all very much enjoyed and appreciated the hospitality and kindness shown to us in Sri Lanka, I am sure I speak also for my fellow Scots and South Africans.

Our working sessions showed that lawyers of the three countries do have things in common and I hope we can build on this commonality. I do not doubt that there is scope to renew and extend legal contact between Sri Lanka and South Africa. There is also room to build contact between Sri Lanka and Scotland, which has a natural basis in the links which have been established in recent years by Sri Lankan postgraduates. (The idea of a conference was mooted at a meeting attended by Sri Lankans in Perth, Scotland, in July 2003.)

While there is clearly scope for a range of forms of particular contact, I hope we can aim for an overarching triangular contact between the three mixed systems, which have much in common. In Scotland we have seen the benefit of contact with South Africa’s well developed civilian system. I suggest that we can think of a future conference leading to a book comparing the three systems. I would be happy to work towards this project.

I hope to visit Sri Lanka for about 6 weeks from mid-October 2006. That will be an opportunity to advance plans for collaborative work. I will be working on a comparison of positive (aquisitive) prescription in the three jurisdictions. My wife, Anne MacKenzie, a lawyer who works as a Reporter to the Children’s Panel in Scotland, hopes to learn about Sri Lankan law and practice in the child protection area.

With all best wishes for the new year which I hope will see a continuation of what we started in Colombo last month – a visit by one or more Sri Lankans to Scotland would be very much welcome!

David Carey Miller

School of Law, University of Aberdeen

9 January 2006

 

The participants in the conference are listed below.

Name Post/Designation Interests
PHN Sampath Lecturer Contract law/Delict/Property
Nishara Mendis Lecturer Contract law/Delict/Property/Family
Anusha Perera Lecturer Family/Property/Delict
Dinesha Samararatne Lecturer Property/ Human Rights
Joseph Alexander Fulbright visiting scholar Intellectual Property/International Trade
Rohan Edrisinha Lecturer Constitutional Law/Delict/Interpretation of Statutes & Docs.
Patrick Hodge Judge Commercial/Property/Administrative/ Delict
Naazima Kamardeen Lecturer Contract/Intellectual Property
Malkanthi Abeyratne Senior Lecturer Intellectual Property/Ad. Law/Property/Evidence/Commercial
U. Liyanage Lecturer Delict/Environment
M. Sivapatham Lecturer Delict/Land/Jurisprudence
J.A. du Plessis Professor Contract/Legal History/Unjustified Enrichment/Comparative law
C.G van der Merwe Professor Property/ Roman Law
Sunil F A Cooray Attorney-at-Law Property
Kenneth Reid Professor Property
Roderick Paisley Professor Property
M A Sumanthiran Attorney-at-Law Contract/Delict/Unjustified Enrichment
Nihal Jayamanne, PC Attorney-at-Law Property/Commercial/Constitutional
K.Kanag-Isvaran, PC Attorney-at-Law Comparative Law/Enrichment
Vikum de Abrew Senior State Counsel Delict
Vijith Malalgoda Deputy Solicitor General Property/Delict
Eraj de Silva Attorney-at-Law Obligations
Sharya Scharenguivel Professor Family/Legal Systems/Delict/Labour
Margaret Ross Senior Lecturer Evidence & Procedure/Dispute Resolution/Family
Jayanta Swaminathan Attorney-at-Law Property/Intellectual Property
Thushara Kumarage State Counsel Evidence/ Criminal/ Intellectual Property
Sisira Ratnayake District Judge Property/Intellectual Property
David Carey Miller Professor Property
Mahanie de Silva District Judge
Suhada Gamalath Secretary for Justice
Sumudu Premachadra District Judge
N Selvakkumaran Dean of Law Human Rights
Gamini Amarasekara District Judge
Rangajeeva Wimalasena District Judge Property

 

 

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