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Costs Management: A step in the right direction
The Jackson Reforms, among other things, have resulted in the introduction of strict costs management in civil litigation, essentially capping parties' spend. There has been significant movement over the question to which cases this should apply, but we are now moving in the right direction.
12:15, 6th March 2014
Cheap Alcohol Ban: Good news for drinkers and most businesses?
The Home Office has announced that from the 6th April, the government is to ban the sale of alcohol at what they believe are ‘ultra cheap’ prices. However, this ban is far from the originally proposed minimum price per unit. How much will this ban effect drinkers and businesses?
11:57, 4th March 2014
Whole Life Orders – The Balance of Justice
The Court of Appeal recently decided on the validity of the imposition of life orders in light of the European Convention of Human Rights Article 3 obligation of prohibition of torture or to inhuman or degrading treatment or punishment. Thomas Horton looks at the reasoning behind this decision.
12:26, 2nd March 2014
Strategic Environmental Assessments: Decision-making all at SEA
The Supreme Court recently held that a European Directive applicable to plans that have a significant environmental impact is not applicable to the government's HS2 project. Is this lawful, and what lessons can be learnt for the future?
12:21, 1st March 2014
Press Enemy #1: Lay off the Guardian, Cameron.
Last week, seven leading international press organisations addressed a public letter asking David Cameron to lay off The Guardian which is currently under investigation for the role it played in the publishing of leaked NSA secrets. How should press freedom and national security be balanced?
12:13, 27th February 2014
Gender selecting doctors: should they be prosecuted?
Jade Rigby examines the debate on whether doctors performing abortions based on the gender of the foetus should be prosecuted by the CPS following their decision that prosecution of such doctors is not 'in the public interest' despite there being enough evidence to do so.
12:50, 25th February 2014
A crackdown on tax benefits for LLP members
Significant changes to the employment status of LLP members for tax purposes are fast approaching. Up till now, all but salaried partners could claim self-employed status, deriving personal tax benefits, and benefits for the firm. This is set to change, with potentially serious repercussions.
13:05, 23rd February 2014
Should we have a right to die?
The protracted court process of the ‘right to die’ appeals will come to a conclusion soon when the Supreme Court hand down their judgment. This article will provide a summary of the proceedings so far, and also give some comment on the possible outcomes for the parties involved.
11:58, 22nd February 2014
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
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