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Banco Nazionale v Playboy: Raising the Stakes on Negligent Misstatements
Since the seminal case of Hedley Byrne v Heller, there has been persistent judicial disagreement over the role of assuming responsibility for negligent misstatements. The issue recently arose for reconsideration before the Supreme Court - did the court resolve or continue the debate?
12:00, 24th August 2018
Armes v Nottinghamshire CC: Vicarious Liability Spirals out of Control
The law on vicarious liability has gradually widened in recent years. However, a recent Supreme Court judgment pushed this area of the law too far, opening its applicability up to too many relationships and encouraging companies to contract out their services to avoid liability.
12:00, 21st August 2018
How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants
Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.
12:00, 17th August 2018
The Mencap Case: Putting the Sleep-in Shift Issue to Bed?
In a recent decision, the Court of Appeal held that care workers who are contracted to undertake sleep-in shifts are not entitled to the National Minimum Wage for the time they spent asleep. This is a controversial decision that is, quite rightly, set to be heard by the Supreme Court.
12:00, 14th August 2018
The Battle for Survival: CVAs and their Impact on Landlords
CVAs are mechanisms agreed by companies and their creditors in order to stave off administration; they buy the company time to restructure their debt and business to survive. However, the effect of such arrangements on landlords can be damaging: they need to be aware of the risks.
12:00, 10th August 2018
Cohabiting Property: Problems and Proposals for Rights of Cohabitees
With more and more couples opting to live together without first getting married, the law is having to try and adapt to this modified approach to cohabitation. It is, at present, failing - particularly where (as is common) the couple has not planned their property rights in the event of a break-up.
12:00, 7th August 2018
Tommy Robinson's Conviction and Appeal: Considering Contempt of Court
The recent Tommy Robinson saga - which saw his conviction, imprisonment and (temporary) release all occur in a matter of weeks - captured global media attention. The elusive legal concept of contempt of court underpinned the whole story. How exactly does it work?
19:00, 5th August 2018
Commercial Awareness: Law Firms Floating on the Stock Market
Law firms, which have traditionally operated as limited liability partnerships for centuries, have increasingly begun transitioning to public companies and floating on the stock market. This represents a highly important change in the legal industry that should not be underestimated.
12:00, 3rd August 2018
The Abortion Act 1967: Out of Date and Out of Time?
The Abortion Act 1967 was, when first adopted, a pioneering piece of legislation. However, in light of medical and societal developments, it has become increasingly anachronistic. Lessons should be taken from Victoria in Australia to ensure the law places power with women, where it should be.
12:00, 31st July 2018
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
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