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Fair A Lease? Newman v Clarke and the Strictness of the Self-Dealing Rule

Equity's emphasis on fiduciaries being loyal to their principal has created a number of stringent rules. One - the rule against self-dealing - is particularly rigorous. However, a case from late 2016 shed light on how the courts have tried to limit unfairness caused by this rule of strict liability.

12:00, 3rd March 2017
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You’ll Never Walk Alone: How Hillsborough Put Negligence on a Wrong Turn

The impact of the Hillsborough is still being felt right across society and across the law. Indeed, the fallout of the disaster saw the creation of a precedent applied to negligence claims for psychiatric harm. Though of the highest authority, is it time for that decision to be rethought?

12:00, 14th February 2017
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Misuse of Private Information: The Failure to Protect the Right to Privacy

Privacy is under threat. The fight against terrorism and the emergence of social media have meant it is increasingly hard to protect information about our personal lives. And, to compound matters, the current remedies for the infringements of privacy rights we do have are simply not sufficient.

12:00, 10th February 2017
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Preventing Self-Harm: A Call for Strongwear Specific Guidelines

The use of strongwear in care facilities can help support patients desist from engaging in self-harm. NICE, the agency that promotes clinical excellence in the UK, has already published guidance on strongwear's use. However, a recent case in Nottingham shows the need for something more specific.

12:00, 31st January 2017
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Preventing Self-Harm: A Call for Strongwear Specific Guidelines

The use of strongwear in care facilities can help support patients desist from engaging in self-harm. NICE, the agency that promotes clinical excellence in the UK, has already published guidance on strongwear's use. However, a recent case in Nottingham shows the need for something more specific.

12:00, 31st January 2017
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For Whom the Bells Toll: The End of Civil Partnerships?

Statistics document a decline in homosexual couples formalising their relationships in Civil Partnerships since the legislation of gay marriage in the UK. While some argue in favour of an extension to heterosexual couples, the law should recognise that it is time for a divorce from the concept.

12:00, 27th January 2017
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The Recoverability of Pre-Action Costs: An Unfair Balance

The Jackson Reforms of 2013 introduced an element of fairness into the management of costs in civil litigation. Though largely successful, when combined with the Pre-Action Protocol, it is clear they were not comprehensive enough to afford protection to defendants on the issue of pre-action costs.

12:00, 24th January 2017
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The Recoverability of Pre-Action Costs: An Unfair Balance

The Jackson Reforms of 2013 introduced an element of fairness into the management of costs in civil litigation. Though largely successful, when combined with the Pre-Action Protocol, it is clear they were not comprehensive enough to afford protection to defendants on the issue of pre-action costs.

12:00, 24th January 2017
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Out of Sight, Out of Mind: The Prisoners’ Dilemma

The UK's prisons are under strain. Overcrowding, underfunding and ageing facilities are leaving the system stretched to breaking point. Some see privatisation as the solution, but how can this be the valid way forward when politicians simply do not have the mindset to approach the issue properly?

12:00, 20th January 2017
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X v Ofsted: Testing the Law on Gender Discrimination in Schools

A case from late 2016 tested the law on discrimination in a novel way, by asking whether the segregation of pupils was a violation of the Equality Act 2010. Indeed, the decision sheds light on the important role that society's new ideas about discrimination might have in the future.

12:00, 17th January 2017
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A Legal Headache: Negligence, Concussion and Rugby Union

The world of Rugby Union is slowly coming to terms with the serious long-term impacts that concussion can have on players. And while practices are changing to minimise the risk of head injuries, there are some historic cases that could lead to negligence lawsuits - but how would they fare?

12:00, 13th January 2017
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The Law of Vicarious Liability Is On The Move

Lord Philips in Various Claimants v Catholic Child Welfare Society (CCWS) roused: ‘the law of vicarious liability is on the move’. This platitude remains apt today; recent cases have seen both development of the first limb of the vicarious liability test and an extension in scope of the second.

12:00, 16th June 2016
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Much Ado about Muffins? Supporting Gay Marriage is not a Piece of Cake

A Christian bakery in Northern Ireland made the headlines last year, having had a successful discrimination case brought against it for refusing to bake a cake supporting gay marriage. However, the judgment had a number of important flaws in the reasoning, which makes the case a dangerous precedent.

12:00, 8th June 2016
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‘It’s a Trap!’: Do Mortgage-lenders Have Too Much Power?

The ‘credit crunch’ of 2009 saw a great deal of households facing mortgage arrears and the threat of repossession. Have mortgage-lenders been given too much power by the courts, and might human rights assist borrowers in defeating mortgage-lenders in the future?

12:00, 27th May 2016
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