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Logic in Liability: Defending a Duty of Care
Tort law is subject to intense scrutiny, with some believing the rules are vague and ambiguous, leaving the law unpredictable and indeterminate. Jade Rigby deconstructs these arguments in order to show tort law is not just a theoretical relic of English jurisprudence, but an important branch of law.
12:00, 15th April 2014
The Fate of Terrorism Prevention and Investigation Measures
The Terrorism Prevention and Investigation Measures Act 2011 was introduced to replace the anti-terrorism control order, which was much stricter than its successor, yet delivered the same goal. However, TPIMs are criticised on grounds of human rights and in-effectiveness. Are these criticisms fair?
12:08, 13th April 2014
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
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
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
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
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
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
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
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
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
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
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
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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