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Sadomasochism following R v Brown: Domestic Violence or Sexual Autonomy?
The issue of whether consent can be a defence to sadomasochist sexual activity is applied inconsistently by the courts. The decisions are influenced by a number of biases - especially attitudes towards homosexuality and marriage. This article considers the implications for personal autonomy.
11:00, 12th October 2018
Sports Arbitration Revisited Pt I: Mutu and Pechstein v Switzerland
Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.
11:00, 9th October 2018
'Under the Wig': An Interview with William Clegg QC
In a interview to mark the release of his book - Under the Wig: A Lawyer’s Stories of Murder, Guilt and Innocence - William Clegg QC, one of the country's most respected criminal barristers, talks to Keep Calm Talk Law about his book, cuts to legal aid, diversity at the Bar and much more.
11:00, 5th October 2018
Book Review: 'Under the Wig' by William Clegg QC
'Under the Wig' is an autobiography by one of England's top criminal barristers. William Clegg QC - head of 2 Bedford Row - writes about his life and some of his most significant cases. The book is entertaining and engaging, but its greatest strength is its accessibility.
11:00, 2nd October 2018
Financial Fair Play in Football: Curbing the Excess or the Enthusiasm?
Football, a favourite pastime of the nation, is also the basis for truly ludicrious levels of investment, winnings and spending. As such, UEFA introduced Financial Fair Play Regulations to discourage football team insolvency. This article assess the compatibility of the Regulations with EU law.
11:00, 25th September 2018
Britain: A Tax Haven After Brexit?
The EU has expressed concern that the UK will embrace the opportunity afforded through the loosening of regulations post-Brexit to become more competitive by significantly lowering taxes, thereby becoming a tax haven. An investigation must be made into whether this should or could happen.
11:00, 21st September 2018
The Beatles Duo: Applying Precedent to a Human Rights and Judicial Review Claim
A recent leaked letter by Sajid Javid MP to the American Attorney General demonstrated Javid is not seeking assurance the US will not use the death penalty on the Isis 'Beatles duo'. This move has been called ‘unprincipled, incompetent, and almost certainly unlawful.’
11:00, 18th September 2018
Forced Arbitration in Sport: A Knock-Out Blow?
Many industries include arbitration clauses in their contracts to steer dispute resolution away from ordinary courts. However, arbitration agreements in sport are forced: the regulations of Sports Governing Bodies are rarely negotiated, so athletes must either accept them or give up their career.
11:00, 14th September 2018
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
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
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