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The Effectiveness of Entire Agreement Clauses
Entire Agreement Clauses (EACs) attempt to contain all agreements between contracting parties within the four corners of the final, written contract. Whilst this practice can provide certainty, Helen Morse discusses how, despite EACs, courts can look beyond beyond the four corners of the contract.
12:00, 2nd September 2014
Controversy behind the Scottish Referendum: Prisoners’ Voting Rights
The referendum on Scottish independence will be held on Thursday 18th September, as provided for under the Scottish Referendum (Franchise) Act 2013. However, as Ivonna Beeches discusses, the referendum has controversially reawakened the ongoing debate of the ineligibility of prisoners to vote.
12:00, 29th August 2014
An Introduction to the Assisted Dying Bill 2014
Lord Falconer’s Assisted Dying Bill 2014 passed its second reading in the House of Lords on the 18th July 2014. Amy Ling analyses how the private members bill aims to balance the arguments for and against assisted suicide whilst focusing upon the direct needs of those it will be applicable to.
12:00, 28th August 2014
When is enough, enough? Balancing the rights of consumers and advisers
The law imposes time limits on when individuals can bring claims to court based upon when the offence or disputed action occurred. Nevertheless, recent claims against financial advisers are demonstrating that their are methods of circumventing the ordinary limitation periods. Is this practice fair?
12:00, 26th August 2014
Judge’s Remark Sparks Uproar over Victim Personal Statements
Judge White was recently overheard commenting on the inadequacies of Victim Personal Statements (VPSs), which describe the impact of an offender's crime upon the victim and are made before sentencing or at an offender's parole hearing. Christopher Sykes discusses the effectiveness and value of VPSs.
12:00, 25th August 2014
Anonymity of Rape Defendants
Allegations of sexual assaults can have drastic consequences, often causing many to forget the truism: 'innocent until proven guilty'. In light of this year's allegations against the Oxford Union president, Ben Sullivan, Yasmin Daswani discusses the possibility of anonymity for those accused.
12:00, 23rd August 2014
Would it be right for the UK to leave the ECHR?
Following recent ministerial dismissals, Conservative policy demonstrating progression towards an exit from the European Convention on Human Rights and/or the European Union appears to be gathering momentum within the party. Emily Clements examines these developments and their possible consequences.
12:00, 22nd August 2014
Online Gambling: A Jurisdictional Nightmare
Companies operating online bookmakers and casinos have been able to dodge their tax bills, and avoid UK regulation, by relocating abroad, in particular to the Isle of Man, Guernsey, and Gibraltar. However, this is all about to change, with incoming game-changing licensing and tax regulations.
12:00, 21st August 2014
Is the criminal records scheme compatible with Article 8 ECHR?
The application of the government’s criminal records scheme has lately been subject to extensive litigation. Specifically, questions have been raised about whether the scheme in its entirety is compatible with Article 8 ECHR. Georgia Mitchell provides an analysis of several of these decided cases.
12:00, 20th August 2014
Employment Tribunal Fees: the Fight for Justice
The recent changes made to fees payable for Employment Tribunals has resulted in a significant decrease in the amount of claims being made by employees. Sophie Cole-Hamilton presents what changes were implemented and discusses the mounting legal challenges that are fighting for employees' justice.
12:00, 14th August 2014
The Validity of E-signatures
Globalisation has had a huge impact upon the way businesses function. One notable impact has been the increased use of confirming transactions by way of contracts that are signed electronically. E-signatures are recognised internationally, yet, as Maxi Kussatz discusses, not homogeneously.
12:00, 12th August 2014
Blurred Boundaries: have politics become an unwelcome influence upon the Lord Chancellor?
Our Lord Chancellor, Chris Grayling, has been exposed to criticism during his tenure. Yet should we have some sympathy for this position that goes in the face of the separation of powers and is becoming increasingly politicised? Christopher Sykes discusses how this conundrum is being approached.
12:00, 7th August 2014
From DRIP to an ocean of trouble for the UK Legislature
The introduction of the Data Retention and Investigatory Powers Act in response to the ECJ's judgment in April, amongst other considerations, has demonstrated a blatant disregard for the protection of fundamental rights. Thomas Horton provides a comprehensive analysis of DRIPA and its likely fate.
12:00, 6th August 2014
The Apparent Inadequacy of Female Genital Mutilation (FGM) Law
Last week's 'Girl Summit 2014' saw a gathering of world leaders and international campaigners to discuss solutions to preventing FGM. In light of this, Jessica Johnson presents analysis of the UK's old and new laws that aim to prevent FGM to demonstrate the progress made in eradicating the practice.
12:00, 1st August 2014
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