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Loss of Control: An Acceptable Defence?

Yasmin Daswani examines the defence of provocation prior to the Coroners and Justice Act 2009, and explores whether the replacement 'Loss of Control' defence is a step in the right direction, or unfit for purpose. In the 21st Century, do we believe it is morally less blameworthy to kill in anger?

12:49, 12th April 2014
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It's not the end of the line for data retention

On Tuesday the CJEU came to the conclusion the European Data Retention Directive was, and always had been, invalid, marking a significant step for the protection of privacy. However, is this the end of the line for telecommunications data retention within Europe, or just a minor setback?

12:15, 10th April 2014
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Stop & Search: Fundamentally Flawed or Institutionally Racist?

Police 'stop and search' powers are prone to criticism, with the latest case coming to a head in the Court of Appeal in February. However, on what grounds are these powers criticised? Is the law itself at fault by being too draconian, or is it police conduct that brings the bad name to the table?

12:38, 8th April 2014
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Online Pirates, prepare to be boarded! Right after we borrow a ship…

The Digital Economy Act 2010 provided for a stringent scheme to combat online piracy. However, due to a number of difficulties this has not yet been implemented. An alternative voluntary scheme has been suggested, but there are doubts as to whether it can succeed given opposition from stakeholders.

11:59, 5th April 2014
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Legal Aid – A Pyrrhic Victory

Opposition to the government's legal aid reforms continue. However, a controversial deal was struck last week between the Criminal Bar Association and the Ministry of Justice, which threatens to damage the unity created between two sections of the legal profession by the legal aid crisis.

13:27, 3rd April 2014
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Extradition Part 2: A Political Tool

Jessica Johnson looks at the law governing extradition, this time with a focus on category 2 countries, specifically Russia and the USA. Whilst extradition may seem legal in nature, is it really just a political tool that reflects the current status of international relationships?

12:20, 2nd April 2014
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Negotiated Agreements: Binding Absent Signing

Thomas Horton explores two recent High Court decisions that have resulted in the determination of a binding agreement where the parties are still yet to finalise and sign a suitably worded agreement. A simple omission of ‘Subject to Contract’ in negotiations may result in a binding agreement.

12:15, 31st March 2014
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An exploration into the modern prison system: Does incarceration work?

The matter of imprisonment has always evoked controversy within society with many thinking the entire system is proving to be ineffective, with too many criminals reoffending upon release, and what's more, at great expense. However, what alternatives are there that are actually feasible?

13:03, 29th March 2014
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Competition v Intellectual Property - Clarity but little substantive change

Competition is a key pillar to the EU. But, to obtain true competition, innovation must be encouraged, requiring protection of intellectual property. A regulation update has provided clarity over when technology transfer agreements will be permissible, but provides little substantive improvement.

12:21, 27th March 2014
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When does noise become a nuisance?

The tort of nuisance generally protects the property interests of individuals and had laid largely dormant and settled since the middle of the 20th century. Until January 2014, Courts had taken a restrictive approach, but the Supreme Court has now taken an expansive step in Coventry v Lawrence.

12:01, 25th March 2014
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Crowdfunding: Regulation Imminent

Crowdfunding, the 21st Century method of financing business ventures without dependency on banks, is soon to be regulated in the same way as other financial products. Some fear that this will damage crowdfunding's key advantage, the availability of credit. However, is this really the case?

11:55, 22nd March 2014
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When is a Bedroom not a Bedroom? The Big Bedroom Tax Debate

The amendment to the Housing Benefit Regulations 2006, affectionately called the Bedroom Tax, aims to address the problem of overcrowding whilst reducing our welfare budget in a time of austerity. However, it has come under substantial criticism. Amy Ling looks at why this is the case.

13:08, 20th March 2014
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Domestic Abuse: Time For A Specific Offence?

The highly anticipated private members Bill, purporting to overhaul the law underpinning domestic abuse, is set for second reading in June. The Bill intends to create a separate offence of domestic abuse. Is the creation of a specific offence the correct solution to the problem?

12:16, 19th March 2014
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Part 1 of the Extradition Act 2003: The Role of the ECHR

Jessica Johnson looks at the influence of the ECHR on Extradition within the UK, with particular regard to category 1 territories. Are UK judges are becoming more involved with semi-political decisions due to the Human Rights Act 1998? The first of a two part series on extradition in the UK.

12:16, 18th March 2014
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