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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
Offensive Jokes Becoming Criminal? Count Dankula's Conviction
The recent conviction of Mark Meechan, otherwise known as Count Dankula, for uploading a controversial video on YouTube sets a worrying precedent for freedom of expression. Of most concern is the fact that context is given only a secondary role when considering whether a joke is grossly offensive.
12:00, 20th April 2018
A Digital Future: The New Electronic Communications Code's Impact on Landowners
The government is aiming to enhance the UK's digital capacity. As part of this, it has introduced new rules that regulate interactions between landowners and telecommunications operators. These rules are more favourable to operators, which might actually undermine the success of government's plans.
12:00, 17th April 2018
In a Similar Vein? A Comparative Analysis of Organ Donation Systems
The Organ Donation (Deemed Consent) Bill 2017-19 proposes a 'soft opt-out' system involving a rebuttable presumption of consent to organ donation. An examination of organ donations in several foreign jurisdictions sets out a number of lessons that the UK must learn when implementing this system.
12:00, 13th April 2018
Crossing the Line in Sport: Is Cheating Always Wrong?
The distinction between "gamemanship" and "cheating" in sport is often discussed. In theory, it sets out the line that athletes should not cross. However, an examination of a number of sporting controversies casts serious doubt on the importance of that distinction; other factors are at play.
12:00, 10th April 2018
Corporate Liability to Third Parties: Where We Were and Where We Are
Common law doctrines and the idea of companies having separate legal personality resulted in harsh consequences for third parties to commercial contracts. Therefore, the Companies Act 2006 represented a welcome mass overhaul of the previous unsatisfactory law.
12:00, 6th April 2018
Proposed Changes to Organ Donation Miss the Heart of the Issue
A Private Members' Bill proposing changes to organ donation has recently passed its second reading in Parliament. However, the proposed soft opt-out scheme is the incorrect route to take; instead, attention should be given to changing societal attitudes towards organ donation.
12:00, 3rd April 2018
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