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If It's Not Faulty, Don't Fix It: Defending Fault in Negligence

Apart from certain strict liability exceptions, no-fault liability in negligence has failed to gain traction in English Law. However, Lord Sumption's recent extra-judicial endorsement of no-fault liability has revived the debate. But this article argues that the current system should be retained.

12:00, 13th March 2018
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Upskirting: Failure of the Law to Protect Women

There are many ways the law is failing women. A shocking example is the lack of a specific offence for upskirting. However, the #stopskirtingtheissue campaign has led to a private member's bill being considered by Parliament, giving hope that this will soon change.

12:00, 9th March 2018
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Teeing Off: Opening the Door to Easements for Sporting Facilities

Though sport's prominence in society is widely accepted, the legal world has been slow to catch up. Yet the times they are a changing: excitingly, last summer, the Court of Appeal accepted the public interest in accessing sporting facilities could trigger the recognition of an easement.

12:00, 6th March 2018
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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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Noel Conway's Case: New Developments in the Right to Die Debate

The debate on assisted suicide has refused to go away. Several challenges to current legislation have been heard by the courts in recent years, each unsuccessfully attacking the law from a new angle. In keeping with this, Noel Conway's case represents the latest chapter in this long-running story.

12:00, 27th February 2018
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Good Faith in English Contract Law: Where Are We Now?

English law's traditional hostility to an implied duty of good faith stems from a desire to preserve the principle of freedom of contract. Increasingly however, the courts are recognising that this position is both flawed in principle and damages the very certainty it is trying to protect.

12:00, 23rd February 2018
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Innocent Fun or Underage Gambling? Loot Boxes in Video Games

Many video games offer players the chance to purchase 'loot boxes' that aid their progress in the game by rewarding the player with random in-game items. Questions can be raised about the extent to which this can, and should, be considered as falling under the legal definition of gambling.

12:00, 20th February 2018
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A Recipe for Disaster? Gross Negligence Manslaughter in R v Zaman

After a customer with known allergies died because of the presence of peanuts in his meal, a takeaway owner was convicted of gross negligence manslaughter. This is a rarely used offence, which can be criticised in a number of respects. However, arguably, it is one that is necessary in practice.

12:00, 16th February 2018
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OPO v Rhodes: One Step Forward, Two Steps Back?

A case concerning the publication of the autobiography of James Rhodes, a renowned concert pianist, saw the reemergence of a Victorian tort that looked destined to be nothing more than a historical footnote. Though its rediscovery is welcome, the Supreme Court limited its scope too heavily.

12:00, 13th February 2018
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Love v United States of America: A Victory for Justice?

The High Court's decision to block the extradition of Lauri Love - an alleged computer hacker - to the USA has attracted significant media coverage: many have treated it as a referendum on a number of causes. Yet, in actual fact, the decision is far narrower than such coverage has made out.

19:00, 11th February 2018
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Fixed-Term Contracts in Football: Foul Play or Fair Game?

The idea of footballers being signed on short-term contracts has been a widely accepted part of the sport. However, in a recent German case, a player challenged the legality of these contracts; if he had been successful, this could have had a revolutionary effect on the beautiful game.

12:00, 9th February 2018
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Has the Criminalisation of Emotional Domestic Abuse Been Successful?

While the law has long sought to tackle the physical aspects of domestic violence, the emotional elements have only recently been subject to criminalisation. Regrettably, attempts to realise and translate the new protective mechanisms into meaningful avenues of redress for victims have struggled.

12:00, 6th February 2018
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The Death of Copyright Law's Idea/Expression Dichotomy

For copyright law, a between ideas and expressions has long been considered to have foundational status. However, a number of recent judgments from both the English and EU courts have cast doubt on the extent to which that fundamental dichotomy really is applicable today.

12:00, 2nd February 2018
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Should Obesity be Protected as a Disability?

Discrimination law's current definition of what constitutes a disability excludes obese individuals from protection, save where their weight causes them related medical impairments. However, this overlooks that such individuals often suffer social stigmatisation that can also trigger discrimination.

12:00, 30th January 2018
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