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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?

12:00, 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.

12:00, 24th October 2017
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An Expensive Hiccup? Enforcing Drunken Promises in Ashley v Blue

A recent case examined a contract allegedly made by Newcastle United FC chairman Mike Ashley during a night of heavy drinking. It highlights the importance of a fundamental criterion for the creation of a contract - the intention to create legal relations - and how uncertainty can vitiate it.

12:00, 6th October 2017
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A Struggle to Soldier On? Reforming Psychiatric Injury Claims for the Military

The law that governs when persons can claim compensation for negligently caused psychiatric harm is beset with problems for all claimants. However, for former members of the Armed Forces, the nature of their job and the experiences that come with it mean the problems are arguably far more stark.

12:00, 26th September 2017
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MWB v Rock: Consideration and Promissory Estoppel on the Move

The law surrounding the doctrine of consideration has been in a state of confusion for many years. When the Court of Appeal sought to rectify this last year, mixed results followed. So when the Supreme Court comes to examine the situation, what have they got to resolve and how should they do it?

12:00, 8th September 2017
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Inventing Intention: Problems with Common Intention Constructive Trusts

Common Intention Constructive Trusts allow courts to assign interests in property to persons who have not complied with formality requirements. Though a useful tool for the courts to use upon the break-up of unmarried couples, the courts have - at times - contradicted key principles of property law.

12:00, 25th August 2017
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A Problem of Perpetuity: Reconsidering White & Carter and Repudiatory Breaches

Upon a repudiatory breach, the 'innocent' party to a contract can decide whether or not the contract should be terminated. But this right is subject to limitations, one of which is highly controversial. Fortunately, the Supreme Court will soon have the opportunity to resolve this complex debate.

12:00, 22nd August 2017
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Examining Divorce Law's ‘Intellectual Dishonesty’ in Owens v Owens

The Court of Appeal's decision in a case from earlier this year received significant coverage, as the judges' powerful criticism of the current law reignited a debate about its rationale. With the case set to hit the Supreme Court, our Editor in Chief examines whether it might be time for reform.

12:00, 11th August 2017
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The Failure of IP law to Protect Comedians

The law of IP across many jurisdictions has struggled to provide adequate protection for comedians, as demonstrated by an upcoming case in America involving Conan O'Brien. There is evidence that shows comedians have thus resorted to using social norms to protect themselves, and each other.

12:00, 11th July 2017
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Fiscal Privileges for Charitable Trusts: Altruism or Exploitation?

A trust that is considered to be for a charitable purpose is given certain fiscal privileges, but it is debated by legal academics and philosophers alike whether these provisions are necessary to encourage the creation of such trusts or unjustifiably risk potential exploitation.

12:00, 26th June 2017
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Alright for SAAMco? Redefining Negligence for the Legal Profession

The scope of negligence liability faced by legal professionals was authoritatively determined in the late 1990s; the law was stable and well-known. But a Supreme Court decision from earlier this year heralded a new approach - so should lawyers start to worry, or breathe a sigh of relief?

12:00, 11th April 2017
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Unexpected Item in the Sacking Area? Summary Dismissal in Adesokan v Sainsbury’s

The right of employees to claim for wrongful dismissal is an important limit on the managerial prerogative of employers to run their business how they please. However, as examined in a case from earlier this year, this right is of limited scope and the extent of its application is hotly contested.

12:00, 7th April 2017
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Authoritative Guidance or ‘Inspired Discussion’? Lord Hoffman on Implied Terms

It is over a year since Lord Hoffmann's controversial approach to implied terms was overruled by the Supreme Court. The law, having been reverted back to its prior state, is generally considered more satisfactory now. But why?

12:00, 28th March 2017
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No Safety, Know Pain: Time to Celebrate the HASWA 1974

Health and safety legislation is invariably greeted with scepticism. Myths concerning bans on conkers and the putting up of Christmas decorations have meant that the importance of the law in this area oft goes unnoticed. But it is time to give credit where it is due.

12:00, 10th March 2017
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Routier v HMRC: Redefining 'Charitable Purposes' For Inheritance Tax

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