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R v MK: Clarifying the Defence in Section 45 of the Modern Slavery Act
Under Section 45 of the Modern Slavery Act 2015, victims of trafficking have a defence when charged with certain criminal offences. In a recent decision the Court of Appeal was asked to decide on whom the burden of proof lies; in a welcome decision it restored the orthodoxy.
11:00, 7th September 2018
Perfecting an Imperfect Gift: Examining Pennington v Waine
The case of Pennington v Waine is infamous for introducing major uncertainty as to one of equity's most fundamental maxims: 'equity will not perfect an imperfect gift'. Regrettably, subsequent attempts by the courts to divert from this precedent and simply the law have just added to the confusion.
11:00, 4th September 2018
Film Review: 'The Children Act' - Does Justice Care?
The Children Act is the film adaptation of Ian McEwan's novel, the plot of which follows the interactions between a teenage Jehovah's Witness refusing a blood transfusion and the High Court judge tasked with deciding his case. This review considers how the perception of justice compares to reality.
18:00, 2nd September 2018
TV Review: Does ITV's 'Inside the Court of Appeal' do the Court Justice?
'Inside the Court of Appeal' was a documentary broadcast on ITV One that followed three criminal appeals. Although it provided a rare and invaluable insight into the workings of the Court of Appeal, it could be argued that it will not help secure public confidence in the criminal justice system.
11:00, 31st August 2018
A Permanent Investment Court: The Future of the International Investment Regime?
The ability of investors to sue for breaches of international investment agreements impacts on how governments can regulate. Such disputes are currently dealt with by a much-criticised arbitration regime. Many advocate reform, with the best proposal being the EU's: a permanent international court.
11:00, 28th August 2018
Banco Nazionale v Playboy: Raising the Stakes on Negligent Misstatements
Since the seminal case of Hedley Byrne v Heller, there has been persistent judicial disagreement over the role of assuming responsibility for negligent misstatements. The issue recently arose for reconsideration before the Supreme Court - did the court resolve or continue the debate?
11:00, 24th August 2018
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
How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants
Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.
11:00, 17th August 2018
The Mencap Case: Putting the Sleep-in Shift Issue to Bed?
In a recent decision, the Court of Appeal held that care workers who are contracted to undertake sleep-in shifts are not entitled to the National Minimum Wage for the time they spent asleep. This is a controversial decision that is, quite rightly, set to be heard by the Supreme Court.
11:00, 14th August 2018
The Battle for Survival: CVAs and their Impact on Landlords
CVAs are mechanisms agreed by companies and their creditors in order to stave off administration; they buy the company time to restructure their debt and business to survive. However, the effect of such arrangements on landlords can be damaging: they need to be aware of the risks.
11:00, 10th August 2018
Cohabiting Property: Problems and Proposals for Rights of Cohabitees
With more and more couples opting to live together without first getting married, the law is having to try and adapt to this modified approach to cohabitation. It is, at present, failing - particularly where (as is common) the couple has not planned their property rights in the event of a break-up.
11:00, 7th August 2018
Tommy Robinson's Conviction and Appeal: Considering Contempt of Court
The recent Tommy Robinson saga - which saw his conviction, imprisonment and (temporary) release all occur in a matter of weeks - captured global media attention. The elusive legal concept of contempt of court underpinned the whole story. How exactly does it work?
18:00, 5th August 2018
Commercial Awareness: Law Firms Floating on the Stock Market
Law firms, which have traditionally operated as limited liability partnerships for centuries, have increasingly begun transitioning to public companies and floating on the stock market. This represents a highly important change in the legal industry that should not be underestimated.
11:00, 3rd August 2018
The Abortion Act 1967: Out of Date and Out of Time?
The Abortion Act 1967 was, when first adopted, a pioneering piece of legislation. However, in light of medical and societal developments, it has become increasingly anachronistic. Lessons should be taken from Victoria in Australia to ensure the law places power with women, where it should be.
11:00, 31st July 2018
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