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OPO v Rhodes: One Step Forward, Two Steps Back?

A case concerning the publication of the autobiography of James Rhodes, a renowned concert pianist, saw the reemergence of a Victorian tort that looked destined to be nothing more than a historical footnote. Though its rediscovery is welcome, the Supreme Court limited its scope too heavily.

12:00, 13th February 2018
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Love v United States of America: A Victory for Justice?

The High Court's decision to block the extradition of Lauri Love - an alleged computer hacker - to the USA has attracted significant media coverage: many have treated it as a referendum on a number of causes. Yet, in actual fact, the decision is far narrower than such coverage has made out.

19:00, 11th February 2018
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Fixed-Term Contracts in Football: Foul Play or Fair Game?

The idea of footballers being signed on short-term contracts has been a widely accepted part of the sport. However, in a recent German case, a player challenged the legality of these contracts; if he had been successful, this could have had a revolutionary effect on the beautiful game.

12:00, 9th February 2018
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The Death of Copyright Law's Idea/Expression Dichotomy

For copyright law, a between ideas and expressions has long been considered to have foundational status. However, a number of recent judgments from both the English and EU courts have cast doubt on the extent to which that fundamental dichotomy really is applicable today.

12:00, 2nd February 2018
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Should Obesity be Protected as a Disability?

Discrimination law's current definition of what constitutes a disability excludes obese individuals from protection, save where their weight causes them related medical impairments. However, this overlooks that such individuals often suffer social stigmatisation that can also trigger discrimination.

12:00, 30th January 2018
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The Armed Forces Compensation Scheme: A Case for Reform

The Armed Forces Compensation Scheme, which provides injured veterans with compensation, has a number of well-documented flaws that have the effect of denying justice to deserving claimants. A number of different reforms to the way in which the system operates would therefore be welcome.

12:00, 12th January 2018
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The Biggest Challenges Facing the Legal Profession in 2018

Showing an understanding of the challenges facing the legal profession is vital for demonstrating awareness to recruiters. Thus, it is important to examine how issues like Brexit, cyber security, fixed costs and online courts could cause problems for lawyers in the coming year.

12:00, 2nd January 2018
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Blurred Lines? Preserving the Distinction between Leases and Licences

Recent case law has left the distinction between leases and licences somewhat blurred; according to some, the concepts can no longer be considered disparate. However, if a non-conventional approach to defining 'property' is applied to the authorities, the lease-licence dichotomy can remain true.

12:00, 26th December 2017
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Gilham v Ministry of Justice: Are Whistleblowing Judges Sufficiently Protected?

The act of whistleblowing can be of vital public importance: when undertaken by judges, it can shed light on practices that are causing manifest injustice. Yesterday's decision by the Court of Appeal represents another episode of one whistleblowing judge's attempts to secure greater protection.

12:00, 22nd December 2017
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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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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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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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