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Lachaux v Independent Print: Defining ‘Serious Harm’ for Defamation

Since the introduction of the Defamation Act 2013, there has been some confusion about what exactly is meant by 'serious harm'. In a case recently decided by the Court of Appeal, some light was shed upon this question; but does the answer really accord with Parliament's intention?

11:00, 27th October 2017
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The MoD's New Compensation Scheme Distorts the Doctrine of Combat Immunity

The doctrine of combat immunity allows the MoD to escape liability for negligence during the heat of battle. Its application involves striking a balance between protecting service personnel and the need for an effective military. A new internal MoD compensation scheme upsets this balance.

11:00, 24th October 2017
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Challenging the Call: Sporting Governing Bodies and Judicial Review

The courts have long resisted extending judicial review to sporting governing bodies, utilising a strained notion of contract to provide cover where necessary. But, with sport playing such a major public role in society, it is time for these bodies to have their decisions face greater scrutiny.

11:00, 20th October 2017
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Missing Open Goals: The Duty to Give Reasons in Oakley v South Cambridgeshire DC

The courts have resolutely denied the existence of a general duty for public bodies to give reasons for their decisions. But increasingly, they have also carved out and extended exceptions to that principle. So should the Court of Appeal have, in a recent case, decided to scrap it altogether?

11:00, 17th October 2017
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Poor Relations and Proportionality: The Flaws of TfL’s Uber Decision

The decision by Transport for London not to renew Uber's operating licence in London has proved divisive. But for all the public discourse, little focus has been placed on the legal specifics, close examination of which reveals several grounds for the company to use to launch a successful appeal.

11:00, 13th October 2017
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An Expensive Hiccup? Enforcing Drunken Promises in Ashley v Blue

A recent case examined a contract allegedly made by Newcastle United FC chairman Mike Ashley during a night of heavy drinking. It highlights the importance of a fundamental criterion for the creation of a contract - the intention to create legal relations - and how uncertainty can vitiate it.

11:00, 6th October 2017
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Saving the Unsaveable? Reforming the Cartel Offence

The cartel offence was intended to add bite to English competition law. However, since its introduction, it has been beset by enforcement problems, triggering attempted reform. Yet these problems will persist, as Parliament overlooked a potentially fatal flaw that will plague the use of the offence.

11:00, 3rd October 2017
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Dead on Arrival: The Investigatory Powers Act 2016

The UK's current legislation on the retention of data - nicknamed the Snoopers' Charter - looks set to be scrutinised by the ECJ after many privacy groups have expressed concerns over its compliance with EU law. It is one of the many failures of the UK legislature to draft suitable law in this area.

11:00, 29th September 2017
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A Struggle to Soldier On? Reforming Psychiatric Injury Claims for the Military

The law that governs when persons can claim compensation for negligently caused psychiatric harm is beset with problems for all claimants. However, for former members of the Armed Forces, the nature of their job and the experiences that come with it mean the problems are arguably far more stark.

11:00, 26th September 2017
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Commercial Awareness: The Fortnightly Round-Up (w/b 18th September)

Understanding the complex world of commerce is vital for aspiring commercial lawyers. In a bumper edition before it takes a well-earned break, Keep Calm Talk Law's fortnightly commercial awareness round-up sets out a succinct and manageable guide to the commercial stories you should know about.

19:00, 24th September 2017
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Fair Use on YouTube: The H3H3Productions Copyright Case

A recent American case saw, for the first time, a maker of a YouTube video that used clips made by other YouTubers taken to court. It sheds light on the similarities between two doctrines of English and American law that govern when the exclusive right granted by copyright law can be overcome.

11:00, 19th September 2017
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Robot Wars? Autonomous Weapons and International Humanitarian Law

With the increasing likelihood that weapons equipped with AI that operate independently of humans may feature in conflicts, humanity must answer two key question related to their use: will these weapons ever be able to comply with international humanitarian law and if so, should we allow them to?

11:00, 15th September 2017
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Love for Labour Lost? The Taylor Review and the Gig Economy

The Taylor Review's conclusions into modern working practices were controversial, dismissed by some as too weak and others as too invasive. But on closer examination, Taylor seems to have come close to striking the right balance between giving workers protection and maintaining market flexibility.

11:00, 12th September 2017
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MWB v Rock: Consideration and Promissory Estoppel on the Move

The law surrounding the doctrine of consideration has been in a state of confusion for many years. When the Court of Appeal sought to rectify this last year, mixed results followed. So when the Supreme Court comes to examine the situation, what have they got to resolve and how should they do it?

11:00, 8th September 2017
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A British Bill of Rights Part I: Bringing Rights Home

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