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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
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
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
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
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
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
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
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
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
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
Bashir v SoS for Home Department: Finding Housed Refugees a Home
For the last nineteen years, six refugee families have lived in the small part of Cyprus still under British control in conditions that amount to a clear breach of their human rights. The Supreme Court, which heard the case last month, is set to decide whether those rights ought to be recognised.
12:00, 26th January 2018
Competition Law in the Computer Age: Examining Microsoft v Commission
The characteristics of the IT market have created a myriad of new challenges for global competition authorities. They have had to adapt and strain the tools in their legal arsenal to ensure justice is done; as is evident from the long-standing battle between the European Commission and Microsoft.
12:00, 19th January 2018
Problems with Trade Marks for Shapes
At present, the law applies strict limits to when a particular shape can be registered as a trade mark. Recently, this has denied protection to the shape of London Taxis and Nespresso coffee capsules. This appears to disregard the important role played by a product's aesthetic for many companies.
12:00, 16th January 2018
The Armed Forces Compensation Scheme: A Case for Reform
The Armed Forces Compensation Scheme, which provides injured veterans with compensation, has a number of well-documented flaws that have the effect of denying justice to deserving claimants. A number of different reforms to the way in which the system operates would therefore be welcome.
12:00, 12th January 2018
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