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State Immunity vs. Fundamental Human Rights
On the 14th January 2014, the ECtHR presented its judgement in the case of Jones and others v UK. Two UK individuals unsuccessfully appealed the House of Lords decision that Saudi Arabia could not be sued in the UK for torture and false imprisonment sustained abroad.
12:08, 20th February 2014
Mandatory mediation: A help or a hassle?
The Children and Families Act 2013 is set to introduce a requirement to consider mediation before going to court for all couples going through a contentious separation or divorce. Whilst mediation does have its advantages, will this mandatory step achieve anything, and is it fair?
12:31, 18th February 2014
Equity in the UKSC Determines just rectification of registration
The UK Supreme Court applied the equitable doctrine of laches to determine that the lapse of time between registering a village green and the objection to that registration was not unjust. The UKSC's decision provides a modern example of property rights being amended by equitable principles.
11:35, 16th February 2014
The Leveson Inquiry: The Media & Data Protection
The Information Commissioners Office has recently provided some draft guidance to media organisations on the applicability of the Data Protection Act 1998 to journalists. However this guidance highlights a strong difference in opinion between the ICO and the Leveson Inquiry, which should prevail?
13:21, 15th February 2014
The politics of political campaigning
It has been dubbed the ‘gagging law’ by charities, but despite many attempts to derail it, the Lobbying Bill will receive Royal Assent sometime in the coming weeks. This bill is sure to have a profound impact on charities and other campaigning NGOs. Is this really a move in the right direction?
12:00, 13th February 2014
Powering through: High Speed Railway 2
The Judicial Review over the legality of HS2 has recently come to a head in the Supreme Court, with the government coming out on top. In light of this go-ahead for HS2, Holly Abel compares the sufficiency of compensation for compulsory purchase here in the UK to that in Australia.
12:29, 11th February 2014
A complicated relationship: The ECtHR, media, privacy & freedom of expression
Hugh Tomlinson QC, a well-regarded media and privacy law expert, has recently criticised the ECtHR for blurring the boundaries between privacy and defamation cases. Chris Bridges provides a brief history of privacy law, highlights how this blurring has come about, and why it is important.
12:40, 9th February 2014
Criminal Justice and Courts Bill: the erosion of accountability
On the 4th February the government issued their response to consultation and the controversial Criminal Justice and Courts Bill. Due for first reading on 24th February, this bill threatens to cause serious damage to UK justice, and has attracted widespread criticism.
13:29, 8th February 2014
Judgement Day for Payday Lenders Approaches
We have all seen the laughable interest rates advertised by many payday lenders over the last few years, but for many, including some of the leading figures in politics, this situation is no laughing matter. Reform looms, but how desirable is reform, and to what extent should it go?
12:34, 6th February 2014
Compensation Culture - Just a Media ‘Claim’?
We often hear of the compensation culture that is emerging here in the UK, but how much truth is there behind these rumours? Are we as a nation really becoming more and more like the USA, with a culture of overzealous pursuance of litigation, often over little more than spilled milk?
12:41, 4th February 2014
No Win, No Other Choice: An Evaluation of the Conditional Fee Arrangement
It is impossible to imagine daytime television without the endless ‘No Win, No Fee’ advertisements gracing the screen. These fee arrangements were introduced to relieve the burden on civil aid and increase justice. However, are these arrangements always fair on the consumer in the current market?
12:42, 2nd February 2014
Football Transfers - The Responsibilities of Footballers’ Agents
Transfer deadline has just passed so Thomas Horton takes a look at the logistics behind the signings your teams have recently made. Who determines the wages, the length of the contract, incentives for player achievements, or add-on fees being paid to the transferor club?
12:34, 1st February 2014
The sufficiency of legal training in England and Wales
The present structure of legal training within England and Wales has for a long time come under fire for not being sufficient. These complaints come on a number of grounds: the lack of value of a law degree, over availability of LPC courses, insufficient LPC training and expense.
12:16, 30th January 2014
The Mesothelioma Bill: A Fraction of the Justice They Deserve?
The malignant nature of Mesothelioma, and the equally unjust legislation underpinning industrial disease liability has left victims welcoming any reform within the sector. However, the 2013 proposals, reviewed last winter, offered little comfort for those in an already uncomfortable position.
12:03, 28th January 2014
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