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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
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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
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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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Rethinking Foetal Personhood after the Refusal of Medical Treatment

Debates over foetal personhood are often fought in the context of abortion. However, the debate also arises where a mother refuses an emergency C-section. At present, the law here is unsatisfactory; a reform introducing a “best interests” test and extending the principle of necessity is needed.

12:00, 10th July 2018
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Spanish Rugby in the Dock Part III: The End of the Line?

An appeal committee upheld a first-instance decision that blocks the Spanish rugby team from qualifying for the Rugby World Cup 2019. Both decisions hold that Spain acted contrary to the laws of rugby. In the third of a three part series, Ben Cisneros examines the final chapter of this sorry saga.

12:00, 26th June 2018
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Kilraine v Wandsworth LBC: The Final Whistle on the Geldud Distinction?

The protection afforded to whistleblowers, who call out the immoral or illegal activities of their employers, has been beset with confusion, after the introduction of a questionable between allegations and disclosures of information. The Court of Appeal now has a chance to rectify this.

12:00, 15th June 2018
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NT1 & NT2 v Google Pt II: Hiding Criminal Convictions

Expanding on the first article on NT1 & NT2 v Google [2018], consideration is given to the significant Google Spain [2014] decision, over which a fundamental balancing exercise was undertaken by Warby J.

12:00, 12th June 2018
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NT1 & NT2 v Google Pt I: The Right to be Forgotten

The right to be forgotten received considerable attention following the ECJ's judgment in Google Spain [2014]. Warby J recently expanded the legal mechanism in NT1 & NT2 v Google [2018] when assessing whether it permits the hiding of information about the past criminal convictions of data subjects.

12:00, 8th June 2018
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Enhancing Privacy and Data Protection: The GDPR and the Road Ahead

The previous legislation responsible for governing data protection had problems. It is therefore welcome that the GDPR enhances the protection over individuals’ privacy rights: it is a significant step in the right direction, filling in gaps previously left to the courts to cover.

12:00, 5th June 2018
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The Taxman Will See You Now, Doctor: Reforming the Tax Status of NHS Locums

Reforms to IR35 - tax legislation that aims to tackle tax avoidance - caused problems for the NHS: it had to determine whether its temporary doctors and nurses (locums) should fall under its provisions. Both solutions it has tried to implement at various points are beset by serious problems.

12:00, 1st June 2018
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‘Sex for Rent’ Arrangements: Why They Exist and How to Tackle Them

There has been a rise in so-called 'sex for rent' arrangements, whereby landlords offer discounted or free accommodation in return for sexual favours. Some worry that the law cannot tackle this problem. These are misplaced; the required provisions do already exist, but lack effective enforcement.

12:00, 22nd May 2018
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Spanish Rugby in the Dock Pt II: Mitigating Ineligibility

The Spanish rugby team will miss out on qualifying for the Rugby World Cup 2019 after fielding ineligible players. An independent committee confirmed they had breached the laws of the game. However, in the second of a two part series, Ben Cisneros suggests there remains a glimmer of hope for Spain.

19:00, 20th May 2018
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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
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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
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Routier v HMRC: Redefining 'Charitable Purposes' For Inheritance Tax

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