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Browse \ Sections \ Private Law \ Section Pick

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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.

11:00, 14th May 2019
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What is Happening to Defamation Law?

England was once known as the 'centre for libel tourism'. Since the introduction of the Defamation Act 2013, however, the number of defamation claims brought to court in England and Wales has steadily dropped. What has happened to kill this area of law?

11:00, 23rd April 2019
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Unveiled: The Rise of Non-Disclosure Agreements in English Law

Non-Disclosure Agreements have long played a legitimate role in protecting company information and trade secrets. However, the recent #metoo scandal uncovered how many powerful figures were using NDAs to silence their victims. Should limitations be placed on the use of NDAs?

12:00, 4th January 2019
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Parliamentary Privilege: An Outdated Right?

The #metoo campaign briefly stagnated in the UK following the granting of a temporary injunction on the identity of a high-profile allegation of sexual misconduct. However, using 'Parliamentary privilege', Lord Hain controversially revealed the identity of the alleged abuser to be Sir Philip Green.

12:00, 13th November 2018
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The Gay Cake Case: Lee v Ashers Baking Company

For the past four years, fierce debate has surrounded whether a Christian couple could legally refuse to serve a cake adorned with the message 'Support Gay Marriage'. The Supreme Court recently considered whether this was lawful freedom of expression or bigoted discrimination.

11:00, 23rd October 2018
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The Defamatory Paedophile Detector: Roy Moore v Sacha Baron Cohen

Sacha Baron Cohen, creator of household characters 'Borat', 'Ali G' and 'Bruno', has been sued by controversial American politician Roy Moore over a recent episode of Cohen's show 'Who Is America?'. While the lawsuit is filed in America, it raises interesting questions about comedy and defamation.

11:00, 11th September 2018
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Armes v Nottinghamshire CC: Vicarious Liability Spirals out of Control

The law on vicarious liability has gradually widened in recent years. However, a recent Supreme Court judgment pushed this area of the law too far, opening its applicability up to too many relationships and encouraging companies to contract out their services to avoid liability.

11:00, 21st August 2018
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It's All Just Talk: No Oral Modification Clauses in MWB v Rock

No Oral Modification Clauses purport to block parties to a contract from agreeing to a non-written variation of its terms. For many years, the legal position of such clauses has remained uncertain thanks to conflicting authority. Finally, the Supreme Court has provided guidance.

11:00, 13th July 2018
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Kilraine v Wandsworth LBC: The Final Whistle on the Geldud Distinction?

The protection afforded to whistleblowers, who call out the immoral or illegal activities of their employers, has been beset with confusion, after the introduction of a questionable between allegations and disclosures of information. The Court of Appeal now has a chance to rectify this.

11:00, 15th June 2018
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Spanish Rugby in the Dock Pt II: Mitigating Ineligibility

The Spanish rugby team will miss out on qualifying for the Rugby World Cup 2019 after fielding ineligible players. An independent committee confirmed they had breached the laws of the game. However, in the second of a two part series, Ben Cisneros suggests there remains a glimmer of hope for Spain.

18:00, 20th May 2018
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Crossing the Line in Sport: Is Cheating Always Wrong?

The distinction between "gamemanship" and "cheating" in sport is often discussed. In theory, it sets out the line that athletes should not cross. However, an examination of a number of sporting controversies casts serious doubt on the importance of that distinction; other factors are at play.

11:00, 10th April 2018
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The Robinson Case: Arresting Misconceptions about Police Negligence Liability

The law surrounding negligence has been labouring under two misconceptions according to the Supreme Court in a recent decision concerning the liability of police for the tort. This may be true, but after examining the origins of these misconceptions, it is easy to see how they were arrived at.

12:00, 20th March 2018
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OPO v Rhodes: One Step Forward, Two Steps Back?

A case concerning the publication of the autobiography of James Rhodes, a renowned concert pianist, saw the reemergence of a Victorian tort that looked destined to be nothing more than a historical footnote. Though its rediscovery is welcome, the Supreme Court limited its scope too heavily.

12:00, 13th February 2018
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The Armed Forces Compensation Scheme: A Case for Reform

The Armed Forces Compensation Scheme, which provides injured veterans with compensation, has a number of well-documented flaws that have the effect of denying justice to deserving claimants. A number of different reforms to the way in which the system operates would therefore be welcome.

12:00, 12th January 2018
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Section Pick May

Impossible to Bank on it: Vicarious Liability on the Move

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