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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
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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
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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
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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
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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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Affray Outside Off-Stump: Explaining Ben Stokes’ Charges

England cricketer Ben Stokes was charged earlier this week with the offence of affray following an incident that occurred outside a Bristol nightclub in September 2017. This article explains what exactly he is being charged with, what the prosecution must prove and what defences might be used.

12:00, 16th March 2018
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If It's Not Faulty, Don't Fix It: Defending Fault in Negligence

Apart from certain strict liability exceptions, no-fault liability in negligence has failed to gain traction in English Law. However, Lord Sumption's recent extra-judicial endorsement of no-fault liability has revived the debate. But this article argues that the current system should be retained.

12:00, 13th March 2018
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Upskirting: Failure of the Law to Protect Women

There are many ways the law is failing women. A shocking example is the lack of a specific offence for upskirting. However, the #stopskirtingtheissue campaign has led to a private member's bill being considered by Parliament, giving hope that this will soon change.

12:00, 9th March 2018
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Teeing Off: Opening the Door to Easements for Sporting Facilities

Though sport's prominence in society is widely accepted, the legal world has been slow to catch up. Yet the times they are a changing: excitingly, last summer, the Court of Appeal accepted the public interest in accessing sporting facilities could trigger the recognition of an easement.

12:00, 6th March 2018
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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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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
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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
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Are Loot Boxes in Video Games Gambling?

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
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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
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Domestic Abuse Bill: Migrants Falling Through the Cracks

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