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Tall Tales: Is it High Time to allow Height Discrimination Claims?

At present, English and EU law can only provide indirectly protect claimants who have been subjected to discrimination on the grounds of their height. But this leaves open the chance of a lacuna in the law arising, as the fact pattern of a case decided by the European Court of Justice illustrates.

12:00, 8th December 2017
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Farewell to Arms? The Legality of Arms Sales to Saudi Arabia

The UK's arms sales to Saudi Arabia are heavily controversial, such that a legal challenge was brought against them by campaigners. The High Court's decision offered a fascinating example of how the courts are reluctant to cross fairly conservative boundaries between the executive and judiciary.

12:00, 5th December 2017
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Defining a Sport: A Bridge Too Far for VAT Exemptions?

Deciding whether or not an activity is a sport can have important tax consequences, as the governing body of Bridge discovered. But while the European Court of Justice ruled that Bridge does not constitute a sport, the decision overlooked several crucial factors that should have been accounted for.

12:00, 1st December 2017
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Guarding against Phoney Wills: Applying Formalities to Unsent Texts

English law requires that, in order for a document to be treated as a will, several formalities must be complied with. However, the Supreme Court of Queensland's decision to allow an unsent text to constitute a will shows how granting courts flexibility when applying such formalities is beneficial.

12:00, 28th November 2017
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Ivey v Genting Casinos Pt II: The Debate on Defining Dishonesty

In the second of a two part series, Connor Griffith documents the labyrinthine case law that underpins the civil law definition of dishonesty which the Supreme Court, in its landmark judgement in Ivey v Genting Casinos, adopted into the criminal law.

12:00, 24th November 2017
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Ivey v Genting Casinos Pt I: Card Counting and Dishonest Gambling

A gambler's attempts to boost his chances of winning big at a casino seem an unlikely basis for a landmark decision. But in the first of a two part series, Connor Griffith examines how the Supreme Court's ruling in such a case could have major ramifications for the criminal law.

12:00, 21st November 2017
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Striking a Balance between Sovereign Wealth Funds and National Security

The rise of Sovereign Wealth Funds has triggered concerns that such funds could be used by the possessing state to influence or disrupt the economic security of other states. Yet the current law addressing these concerns is insufficient; much must be done to guarantee these funds are used correctly.

12:00, 17th November 2017
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The Public Interest Case: TfL was Correct not to Renew Uber’s Licence

In the second part of Keep Calm Talk Law's debate on TfL's decision not to renew Uber's operating licence, Joseph Mahon argues that, when viewed through a broad lens that accounts for the bigger picture, the decision was a balanced and proportionate response to the company's continued failures.

12:00, 14th November 2017
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Foster Care: Rethinking Horizontal Direct Effect for Directives

A recent ECJ decision clarified the ambit of an exception to the principle that Directives do not have Horizontal Direct Effect. But in reaching this conclusion, the ECJ inadvertently shed light of why the original principle is flawed: it is time to grant Horizontal Direct Effect to Directives.

12:00, 10th November 2017
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The Great Green Wall: How Law Holds the Key for Development Initiatives

Great Green Wall is one of Africa’s main projects to combat the effects of climate change. It attempts to combat the expansion of the Sahara via a wall of trees. It shows how development projects that rely on stakeholder engagement require legislative reforms that permit ownership and use rights.

12:00, 7th November 2017
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Easy as A, B, C: Three Problems with UK Drug Law

The UK's current provisions on drug laws suffer from three main problems: one technical, one legal, and one practical. Taken together, they highlight the problems that come when the law is thought of in a narrow sense, and not appreciated in its wider context.

12:00, 3rd November 2017
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The Reasonableness of the UCTA 1977’s Test of Reasonableness

The test of reasonableness in the UCTA 1977 has been criticised for its potential to create certainty and undermine the fundamental doctrine of freedom of contract. However, these criticisms overlook the judicial and legislative safeguards that have been put in place to counteract such concerns.

12:00, 31st October 2017
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Lachaux v Independent Print: Defining ‘Serious Harm’ for Defamation

Since the introduction of the Defamation Act 2013, there has been some confusion about what exactly is meant by 'serious harm'. In a case recently decided by the Court of Appeal, some light was shed upon this question; but does the answer really accord with Parliament's intention?

11:00, 27th October 2017
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The MoD's New Compensation Scheme Distorts the Doctrine of Combat Immunity

The doctrine of combat immunity allows the MoD to escape liability for negligence during the heat of battle. Its application involves striking a balance between protecting service personnel and the need for an effective military. A new internal MoD compensation scheme upsets this balance.

11:00, 24th October 2017
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Editors' Pick November

Constitution & Convention: What’s Stopping A Second Brexit Referendum?

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