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The Taxman Will See You Now, Doctor: Reforming the Tax Status of NHS Locums
Reforms to IR35 - tax legislation that aims to tackle tax avoidance - caused problems for the NHS: it had to determine whether its temporary doctors and nurses (locums) should fall under its provisions. Both solutions it has tried to implement at various points are beset by serious problems.
12:00, 1st June 2018
A Dose of Privacy? The Impact of GDPR on the NHS
The recent implementation of the GDPR has far reaching implications for many types of industries. The NHS, in particular, must ensure that it complies with the regulations, particularly in light of its status as one of the largest employers in the world and the nature of the data it holds.
12:10, 29th May 2018
Event Report: Capturing European Views on the Progress of Brexit Negotiations
The future for the EU and the UK's relationship remains unclear. Brexit negotiations have stalled, while the British government, public and press are split. Rarely heard, though, are views on Brexit from those on the Continent. To overcome that, a German lawyer gives his take on where things stand.
19:00, 27th May 2018
An Introduction to the GDPR and its Impact on Competition Law
The General Data Protection Regulation introduces a new regime that seeks to modernise data protection law by imposing new obligations upon organisations. It seems likely to have positive impact on competition law, so long as clear lines can be drawn delineating when each body of law applies.
12:00, 25th May 2018
‘Sex for Rent’ Arrangements: Why They Exist and How to Tackle Them
There has been a rise in so-called 'sex for rent' arrangements, whereby landlords offer discounted or free accommodation in return for sexual favours. Some worry that the law cannot tackle this problem. These are misplaced; the required provisions do already exist, but lack effective enforcement.
12:00, 22nd May 2018
Spanish Rugby in the Dock Pt II: Mitigating Ineligibility
The Spanish rugby team will miss out on qualifying for the Rugby World Cup 2019 after fielding ineligible players. An independent committee confirmed they had breached the laws of the game. However, in the second of a two part series, Ben Cisneros suggests there remains a glimmer of hope for Spain.
19:00, 20th May 2018
Spanish Rugby in the Dock Pt I: Finding Grounds for Appeal
A Rugby World Cup 2019 qualification match between Belgium and Spain was steeped in controversy. But in a recent decision, an independent committee declined to order a replay. In the first of a two part series, Ben Cisneros looks at how English law might help Spanish Rugby challenge this ruling.
12:00, 18th May 2018
Taming the Dragon: Keeping Welsh Law Accessible in the Devolution Age
Changes to the devolution arrangement have highlighted an increasing problem for Welsh lawyers: the inaccessibility of Welsh law. As Supreme Court justice Lord Lloyd-Jones explained in a recent speech, there are several ways to resolve this issue. His proposal is preferable, but still has flaws.
12:00, 15th May 2018
The Pugachev Chronicles: Revisiting the Law on Trusts
Headlines were made following the legal controversy surrounding trusts created by exiled Russian billionaire Sergei Viktorovich Pugachev. A recent judgment on these trusts from 2017 takes an in-depth look into exactly how trusts operate, and the ways in which they can be stretched to breaking point.
12:00, 11th May 2018
Consenting to Serious Violence in R v BM: An Update to R v Brown?
The infamous case of R v Brown [1994] set down the rule that a person cannot generally consent to serious harm. Though controversial, this appears settled law. However, it was law that was tested in a recent case before the Court of Appeal involving a body modification artist... and a snake tongue.
12:00, 8th May 2018
A New Rule for Company Groups? Knowingly Allowing a Subsidiary to Act Illegally
The current law on company groups allows too much scope for involuntary, unsecured creditors to lose out. Creating a new offence of knowingly allowing a subsidiary to act illegally offers protection to these creditors, without encroaching unduly on the principle of corporate legal personality.
12:00, 4th May 2018
The Belfast Trial: What Relying on Rape Myths Means for Justice
A defence barrister in the Belfast Trial sought to harness a rape myth in order to discredit the complainant. It is regrettable that rape myths are commonly used in this way, and even more regrettable that they are often effective in securing acquittals. The law should intervene to prevent this.
12:00, 1st May 2018
#MeToo, #IBelieveHer and the Belfast Trial: Drawing Distinctions
There are important limitations to a finding of legal guilt in rape and sexual assault cases. This was made clear by the controversial decision in the Belfast Trial. Movements like #MeToo and #IBelieveHer must be careful to distinguish legal guilt from morally and socially unacceptable conduct.
12:00, 27th April 2018
Exploring the Christian Marginalisation Narrative beyond the Workplace
A previous KCTL article examined how legal decisions in employment law have been used to argue that there exists a narrative of Christian marginalisation. Though that article dismissed those arguments, lawyers must not be overlook the sociological and political forces that also contribute.
12:00, 24th April 2018
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