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A Damaging Disclosure Culture? Lessons from the Allan Case

Recent official reports have exposed a crisis in disclosure which threatens a fair trial and risks miscarriages of justice. This crisis made headlines this week, as the case of Liam Allan highlighted disturbing failures in the prosecuting authorities’ approach to disclosure. So, what is to be done?

12:00, 24th December 2017
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Gilham v Ministry of Justice: Are Whistleblowing Judges Sufficiently Protected?

The act of whistleblowing can be of vital public importance: when undertaken by judges, it can shed light on practices that are causing manifest injustice. Yesterday's decision by the Court of Appeal represents another episode of one whistleblowing judge's attempts to secure greater protection.

12:00, 22nd December 2017
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Copyright Protection for TV Shows: Pointless or Going for Gold?

While scripted TV shows have long been protected by copyright law, the legal position of programmes that rely on spontaneity, like quiz shows or reality television, has been heavily contested. However, a recent High Court case has finally provided guidance as to when protection may be available.

12:00, 19th December 2017
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A Stark Warning: Greece, Goldman Sachs and the ‘Swaps Deal’

The infamous currency swaps between Greece and Goldman Sachs, used to ensure the country could join the Eurozone, shows how the problems that can arise without sufficient regulation of an expanded derivatives market. Hopefully, the fallout from the deals will spark some much-needed regulation.

12:00, 15th December 2017
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A Study of Damaging Discourse: Regulating Female Genital Cutting

A polarised discourse on the subject of Female Genital Cutting that has tended to focus upon the writers themselves rather than their arguments has impacted upon the development of effective and coherent regulation of the practice. This leaves contradictions in the law that need to be resolved.

12:00, 12th December 2017
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Tall Tales: Is it High Time to allow Height Discrimination Claims?

At present, English and EU law can only provide indirectly protect claimants who have been subjected to discrimination on the grounds of their height. But this leaves open the chance of a lacuna in the law arising, as the fact pattern of a case decided by the European Court of Justice illustrates.

12:00, 8th December 2017
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Farewell to Arms? The Legality of Arms Sales to Saudi Arabia

The UK's arms sales to Saudi Arabia are heavily controversial, such that a legal challenge was brought against them by campaigners. The High Court's decision offered a fascinating example of how the courts are reluctant to cross fairly conservative boundaries between the executive and judiciary.

12:00, 5th December 2017
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Defining a Sport: A Bridge Too Far for VAT Exemptions?

Deciding whether or not an activity is a sport can have important tax consequences, as the governing body of Bridge discovered. But while the European Court of Justice ruled that Bridge does not constitute a sport, the decision overlooked several crucial factors that should have been accounted for.

12:00, 1st December 2017
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Guarding against Phoney Wills: Applying Formalities to Unsent Texts

English law requires that, in order for a document to be treated as a will, several formalities must be complied with. However, the Supreme Court of Queensland's decision to allow an unsent text to constitute a will shows how granting courts flexibility when applying such formalities is beneficial.

12:00, 28th November 2017
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Ivey v Genting Casinos Pt II: The Debate on Defining Dishonesty

In the second of a two part series, Connor Griffith documents the labyrinthine case law that underpins the civil law definition of dishonesty which the Supreme Court, in its landmark judgement in Ivey v Genting Casinos, adopted into the criminal law.

12:00, 24th November 2017
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Ivey v Genting Casinos Pt I: Card Counting and Dishonest Gambling

A gambler's attempts to boost his chances of winning big at a casino seem an unlikely basis for a landmark decision. But in the first of a two part series, Connor Griffith examines how the Supreme Court's ruling in such a case could have major ramifications for the criminal law.

12:00, 21st November 2017
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Striking a Balance between Sovereign Wealth Funds and National Security

The rise of Sovereign Wealth Funds has triggered concerns that such funds could be used by the possessing state to influence or disrupt the economic security of other states. Yet the current law addressing these concerns is insufficient; much must be done to guarantee these funds are used correctly.

12:00, 17th November 2017
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The Public Interest Case: TfL was Correct not to Renew Uber’s Licence

In the second part of Keep Calm Talk Law's debate on TfL's decision not to renew Uber's operating licence, Joseph Mahon argues that, when viewed through a broad lens that accounts for the bigger picture, the decision was a balanced and proportionate response to the company's continued failures.

12:00, 14th November 2017
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Foster Care: Rethinking Horizontal Direct Effect for Directives

A recent ECJ decision clarified the ambit of an exception to the principle that Directives do not have Horizontal Direct Effect. But in reaching this conclusion, the ECJ inadvertently shed light of why the original principle is flawed: it is time to grant Horizontal Direct Effect to Directives.

12:00, 10th November 2017
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Editors' Pick June

The Woolcock Case: Prison for Failing to Pay Council Tax?

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