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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
Book Review: 'Stories of the Law and How It's Broken' by the Secret Barrister
'Stories of the Law and How It's Broken', written by anonymous barrister 'The Secret Barrister', takes a sobering look at the realities of the crumbling English and Welsh criminal legal system. A definite must-read, it is hoped the book's success will help save a system on the brink of collapse.
00:37, 2nd April 2018
In Defence of Regional Human Rights Bodies
Alongside international documents that set out universal human rights, there exists in several parts of the world regional systems for promoting and protecting human rights. Though these systems have been criticised, they are valuable tools for developing the law that must be celebrated.
12:00, 30th March 2018
Commissioner v DSD: Sending Police Liability into Uncharted Waters
A recent Supreme Court judgment represents a major expansion in the extent of police liability under the Human Rights Act 1998. Though the decision on the facts was unanimous, disputes between the judges as to the correct size of the expansion raises concerns over the impact of the decision.
12:00, 27th March 2018
A Christian Marginalisation Narrative? Religious Symbols in the Workplace
Several decisions concerning attempts by Christian employees to manifest their religion at work have prompted concerns of a 'Christian marginalisation narrative' in discrimination law. However, such concerns are unfounded: they stem from attaching undue significance to isolated cases.
12:00, 23rd March 2018
The Robinson Case: Arresting Misconceptions about Police Negligence Liability
The law surrounding negligence has been labouring under two misconceptions according to the Supreme Court in a recent decision concerning the liability of police for the tort. This may be true, but after examining the origins of these misconceptions, it is easy to see how they were arrived at.
12:00, 20th March 2018
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