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Intention to Create Legal Relations: A Necessary Fiction?
Case law points to an entrenched divide between the treatment of domestic and commercial relationships, but is the objective test for determining an intention to create legal relations a fiction? Moreover, if it is, is the test a necessary fiction or one that is no longer fit for purpose?
12:00, 24th November 2020
The Owners and Directors Test: An Unreliable Keeper of Football's Integrity?
The Owners and Directors Test (ODT) is intended to ensure those who run English football clubs are fit for the job and preserve the integrity of the game - but is the current ODT fit for purpose in the wake of recent scandals and failures?
11:00, 13th October 2020
Internet Regulation: How Far Should States Go in Regulating Online Content?
As the internet grows and develops, states are becoming more aware of the potential for harm in allowing unregulated transmissions of information across it. How far should states go in regulating this content without infringing on individual liberties - and do they even have the technology to do so?
11:00, 18th August 2020
The Public Benefit Requirement for Charitable Trusts: A Mere Formality?
The public benefit requirement is a longstanding element of charitable trusts, and remains a key element in determining their validity. However, a recent case involving independent schools has caused some uncertainty, and left questions for Parliament to answer.
11:00, 28th July 2020
Coronavirus Act 2020: What is a Reasonable Response to a Pandemic?
The Coronavirus Act 2020 was rushed through Parliament in the early stages of the coronavirus pandemic with little scrutiny at the time. This piece examines the Act's delegated powers, sometimes-vague drafting, and inconsistent enforcement, and ultimately asks how effective a response it really is.
11:00, 7th July 2020
Vicarious Liability: Clarifying A "Close Connection"
Two recent Supreme Court cases have reviewed and updated the case law on vicarious liability. WM Morrison Supermarkets v Various Claimants clarifies the controversial Mohamud case and what exactly constitutes a "close connection" in vicarious liability.
11:00, 23rd June 2020
Vicarious Liability: Re-Examining the "Akin to Employment" Test
Two recent Supreme Court cases have reviewed and updated the case law on vicarious liability. Barclays Bank v Various Claimants explores the first step of the vicarious liability test, controversial recent case law, and the traditional divide between employees and contractors.
11:00, 16th June 2020
The Caspian Sea Convention: International Law Meets International Relations
Teaching and commentary on international law often focuses on big ideas. However, many treaties are shaped not by heady ideas but by geopolitics and international relations, and are often utilized as tools of a nation's foreign policy. The Caspian Sea Convention is a useful recent example of this.
11:00, 26th May 2020
Coronavirus and Contracts: Is Frustration in Play?
In response to the commercial disruption caused by the novel coronavirus pandemic, there has been an uptick in client interest and law firm advice on the doctrine of frustration. However, the doctrine is unlikely to apply to many of the situations created by the pandemic.
11:00, 19th May 2020
Taxation and Social Justice in International Human Rights Law
The International Covenant on Economic, Social and Cultural Rights (ICESCR) requires states to work towards greater socio-economic rights through their tax policies. International human rights law, however, is severely limited in its ability to enforce these requirements.
11:00, 28th April 2020
Strict Liability in Doping: A Step Too Far?
The 'strict liability' rule is the cornerstone of WADA's anti-doping policy. The rule is controversial, with some claiming it infringes on athletes' rights and presumed innocence, but for WADA, it may be the only practical way to eradicate doping from international sports.
11:00, 21st April 2020
Coronavirus and the ECHR: Should the UK Trigger Article 15?
The UK government has already taken dramatic steps to combat the novel coronavirus pandemic, and may have to go further in the coming months. Derogating from the European Convention on Human Rights through Article 15 may in fact be the best way to protect fundamental rights during the crisis.
11:00, 31st March 2020
Coronavirus and the IHR: Safeguarding Human Rights in a Crisis
The International Health Regulations (IHR) are intended to aid in an international health crisis while safeguarding human rights. However, as the coronavirus pandemic pushes governments to more and more draconian measures, the IHR appear increasingly insufficient for the task at hand.
12:00, 24th March 2020
TPO in Football: What is "Third Party Ownership"?
FIFA regulations on "third-party ownership" of football players have proved controversial in the sport. While they do serve a legitimate purpose, they can be prone to confused interpretation, and may not be the best way of achieving that purpose.
12:00, 10th March 2020
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