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The Right Call? Defining "Use of a Phone" While Driving
The High Court recently handed down a judgment on what constitutes "using" a mobile phone while driving. The effect of the case is clear, but the judgment itself is not so clear in its reasoning, and may create unnecessary difficulties for prosecutors in motoring cases.
12:00, 17th September 2019
Sentencing Reform: Should We Scrap Short Sentences?
British prisons are increasingly overcrowded and underfunded. Senior figures at the Ministry of Justice have suggested a reform of sentencing laws might help to ease overcrowding and better rehabilitate prisoners by restricting short prison sentences - but would it actually work?
12:00, 10th September 2019
Jury Confidentiality Rules: Protector of Honesty or Enabler of Injustice?
Jury confidentiality rules, preventing the disclosure or solicitation of details of jury deliberations in any criminal trial, achieve many legitimate purposes. However, many judges have had to ignore glaring accusations of jury misconduct as a result, risking serious miscarriages of justice.
12:00, 30th July 2019
Climate Change Litigation: Can the Courts Save the Planet?
Climate change is becoming a more pressing problem everyday, with mankind only having an estimated 11 years left to prevent irreversible damage. In light of the increasing failure of governments to take action, litigants are turning to the courts to force change in this area.
12:00, 23rd July 2019
Commercial Awareness: Cybersecurity, Huawei, and the Race to 5G
There has been a dramatic rise in the number of cyber-attacks on large organisations such as the NHS and DLA Piper. The recent US-China trade war, and the controversies surrounding Chinese tech company Huawei, have heightened fears that we may be on the precipice of something big.
12:00, 16th July 2019
Problems with the Home Office’s Controversial ‘Good Character’ Test
The criterion applied under the 'good character' test regarding immigration has had disastrous effect. However, in 2021 a 'skills-based' immigration vision for all EU entrants into the UK will be implemented, transitioning our system from bad to worse.
12:00, 9th July 2019
A British Bill of Rights Part II: Human Rights After Brexit
Since its introduction towards the end of the millennium, certain groups of politicians have favoured the removal of the Human Rights Act 1998. Brexit seems to be a clear step in this direction, prompting concern as to the possible removal of protection surrounding these fundamental rights.
12:00, 2nd July 2019
Heathrow Expansion: A Potential Developmental Delusion
Recently, the Conservative Party has seemed willing to back the expansion of London's famous Heathrow Airport, despite serious climate change implications. In May 2019, a judicial review claim regarding the plans was struck down in the High Court. Was this the correct decision for the court to make?
12:00, 25th June 2019
Fundamental No More? Dual Nationality and the Loss of EU Citizenship
The European Court of Justice has steadily granted more and more extensive protection to citizenship law. However, a recent case - Tjebbes [2019] - represented a change in tone, considering whether EU law precludes national legislation providing for the loss of nationality by operation of law.
12:00, 18th June 2019
The Woolcock Case: Prison for Failing to Pay Council Tax?
Council tax serves a vital function in requiring citizens to assist in funding necessary local services, such as schools and social care. However, should non-payment of council tax - a civil debt - result in imprisonment?
12:00, 4th June 2019
The Shabby State of Surrogacy Laws in the UK
Surrogacy laws, in their current state, have many unacceptable gaps. This has led to the judiciary having to creatively interpret the law, leading to a haphazard band-aid fix that doesn't match up with the clear language of the legislation. Reform by Parliament is needed.
12:00, 28th May 2019
Nationality in Sport: Nailing your Colours to the Mast?
A person's nationality can be an emotive thing. Stringent rules often operate regarding whether one can become a national of another country. These rules, however, are somewhat short-circuited by an alternate procedure in sporting law. Can they co-exist, and what will be the position after Brexit?
12:00, 21st May 2019
Impossible to Bank on it: Vicarious Liability on the Move
The imposition of vicarious liability in the recent high-profile Barclays Bank plc v Various Claimants [2018] case seems to be influenced particularly by the vulnerability of the claimant victims. This is unjustified and risks blurring vicarious liability with non-delegable duty liability.
12:00, 14th May 2019
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