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Pimlico Plumbers v Smith: Clearing a Blockage in the Employment Law Pipe?
The Supreme Court's recent judgment in Pimlico Plumbers v Smith [2018] highlighted the difficulties facing employment law that have arisen following dramatic changes in the employment market, but disappointed many employment lawyers through its refusal to be more intrusive in making change.
12:00, 27th July 2018
The Treatment of Negligent Doctors: Reflections on the Dr Bawa-Garba Case
The case of a junior doctor stripped of her medical licence following the death of a six-year-old triggered mass outcry among medical professionals. In their view, it showed the current law's failure to appreciate how systemic issues in the NHS can lead to human error. Should the law be reformed?
12:00, 24th July 2018
No Limits on Ltds: Defending the Right of Corporations to Sue in Defamation
Defamation law has gradually widened throughout the years. However, controversy has arisen over whether or not companies, which grant high value to goodwill, should be able to sue when defamed by an individual. Australia has adopted a approach; should English law consider it?
12:00, 20th July 2018
Communications Data: A Critical Investigative Tool or a Charter to Snoop?
When granting law enforcement authorities access to communications data, the law must strike a balance between the interests of public protection and the individual right to privacy. The UK's current law in this area appears to be failing in this respect; more must be done to correct the imbalance.
12:00, 17th July 2018
It's All Just Talk: No Oral Modification Clauses in MWB v Rock
No Oral Modification Clauses purport to block parties to a contract from agreeing to a non-written variation of its terms. For many years, the legal position of such clauses has remained uncertain thanks to conflicting authority. Finally, the Supreme Court has provided guidance.
12:00, 13th July 2018
Rethinking Foetal Personhood after the Refusal of Medical Treatment
Debates over foetal personhood are often fought in the context of abortion. However, the debate also arises where a mother refuses an emergency C-section. At present, the law here is unsatisfactory; a reform introducing a “best interests” test and extending the principle of necessity is needed.
12:00, 10th July 2018
The Criminalisation of Homosexuality in the Commonwealth Pt II: Shifting Sands?
The British Empire's legacy of criminalising homosexuality in the Commonwealth has been challenged in the courts. In some countries, the courts have upheld it through decisions that assert sovereignty of democratic institutions; in others, the courts have focused on protecting constitutional rights.
12:00, 6th July 2018
Can Foreign Investors Sue The UK For Billions Over Brexit?
The UK has signed a number of treaties with other countries that it to protect the interests of foreign investors by keeping its legal framework stable. The potential upheaval that might come after Brexit might see the UK breach these obligations. Investors may thus be able to sue.
12:00, 3rd July 2018
Commercial Awareness: The Sainsbury's/Asda Merger vs Competition Law
The proposed merger of two of the UK's biggest supermarkets, Sainsbury's and Asda, raises important questions that are often tackled by M & A lawyers: how and when will competition law operate to prevent or limit a deal because it poses too big a threat to market competition.
12:00, 29th June 2018
Spanish Rugby in the Dock Part III: The End of the Line?
An appeal committee upheld a first-instance decision that blocks the Spanish rugby team from qualifying for the Rugby World Cup 2019. Both decisions hold that Spain acted contrary to the laws of rugby. In the third of a three part series, Ben Cisneros examines the final chapter of this sorry saga.
12:00, 26th June 2018
The Fight for LGBT Rights in the Commonwealth Pt I: Tracing Historical Origins
One of the major legal legacies of the British Empire is the criminalisation of homosexuality, which still exists across most Commonwealth states. In the first of a two-part series, Alasdair Maher tracks the historical origins of anti-LGBT laws and how this has influenced their continued existence.
12:00, 22nd June 2018
The Precautionary Approach in the North Sea: Causing More Harm than Good?
The precautionary approach is one of the most fundamental principles of international environmental law. It has been vital to the protection of the environment from harm in many contexts. However, in others like artificial reef creation, its overly rigid application can be counter-productive.
12:00, 19th June 2018
Kilraine v Wandsworth LBC: The Final Whistle on the Geldud Distinction?
The protection afforded to whistleblowers, who call out the immoral or illegal activities of their employers, has been beset with confusion, after the introduction of a questionable between allegations and disclosures of information. The Court of Appeal now has a chance to rectify this.
12:00, 15th June 2018
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