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Escaping Daddy’s Dance Hall? The Impact of Brexit on Employment Law

It was not apparent in 1972 that the UK’s accession to the European Economic Community would have a fundamental impact on employment law. How would the UK's exit from the European Union affect domestic employment law, if at all? Would it be business as usual for both employers and employees?

12:00, 25th March 2016
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The Uber-Complex Law of Vicarious Liability

Vicarious liability is an old concept, which is difficult to to modern working arrangements such as those of Uber. Following a decision in California in 2015 that Uber drivers are employees and another in 2016 in the UK on authorisation, the position of Uber drivers in the UK is discussed.

08:10, 16th March 2016
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Deferred Prosecutions: Deferring Justice

Deferred Prosecution Agreements allow prosecutors to suspend proceedings against a company charged with criminal offences of an economic nature, subject to conditions such as co-operation, fines and reparations. These have been used just twice in the UK; to what extent should they be used more?

12:00, 10th March 2016
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The Case for Good Faith in English Contract Law

English contract law rests on the assumption that parties are free to contract as they please. This assumption has been qualified by the imposition of ‘implied terms’, one of which is the requirement of good faith. What is good faith, when does it apply and should the implied term be extended?

12:00, 1st March 2016
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The problem with foreign currency loans

The last ten years has seen a rise in mortgages facilitated by a foreign currency loan (FCL) in Eastern Europe, whereby consumers take out mortgages in a stable currency for peace of mind. However, in some cases they are having to pay double back. What did the European Court think of this practice?

12:00, 26th February 2016
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Penalty Clauses: A Fresh Approach

The penalty rule has for a long time taken a stern approach as to whether or not contractual provisions requiring a particular sum to be paid upon breach are enforceable. After 100 years, the status quo has been broken by the Supreme Court, introducing a fresh, more flexible, approach.

12:00, 16th February 2016
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Copycat Packaging: Brand Infringement and Brand Protection

The Department for Business, Innovation and Skills commissioned a report with the objective to review the effects of copycat packaging and, in particular, to examine the problems which arise when brand owners are forced to rely on the current enforcement methods. Was the conclusion satisfactory?

12:00, 10th February 2016
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A 21st Century ‘Postal Rule’: Can Contract Law Deliver?

Instant communication services are taking over as the primary means by which people communicate. Contractual negotiations are – like many other interactions – being increasingly conducted online or over the phone, and the postal service is being consequently neglected. Does it still make sense?

12:00, 1st February 2016
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Open Justice: The soul of our legal system

Open justice is an essential element of the English justice system. Court proceedings should, as a general rule, be open to the public either in person or by way of published judgment. However, a recent commercial decision has show how private proceedings can be reconciled with the principle.

12:00, 6th January 2016
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Legal Professional Privilege and the Snooper's Charter

Legal Professional Privilege has been a vital principle in common law since 1577. It underpins justice; Lord Bingham once said that without it "everyone would be thrown upon his own legal resources". However the draft Investigatory Powers Bill threatens to undermine this important principle.

12:00, 30th December 2015
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Anne Frank’s Diary: The End for Kitty’s Copyright?

Anne Frank’s diary, Kitty as she called it, has developed an immediate and intrinsic association with the atrocities committed by the Nazis during the Second World War. A number of publishers hold that the copyright discontinues at the end of this year. Hypothetically, would it under English law?

12:00, 15th December 2015
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The Worst Decision Ever? Examining The Golden Victory

Damages in contract law are understood to remedy the non-breaching party's expectation interests. Consequently, and for certainty, the general rule is that damages should be assessed at the date of breach. However, The Golden Victory, and more recently, Bunge SA v Nidera BV, have provided exception.

12:00, 9th December 2015
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Weathering Rough Waters: Navigating the Concept of Unsafe Ports

The question of port safety is historically one which has warranted extensive legal analysis. In modern times, most charterparties will include an express 'safe port warranty', requiring the charterer to nominate only safe ports. However, when can a port be considered unsafe under such a warranty?

12:00, 4th December 2015
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The Impact of the CRA on Financial Services

The CRA 2015 is one of the most significant pieces of UK contract legislation since the Unfair Contract Terms Act 1977. It seeks to reform and consolidate consumer law and also implements numerous directives. However, it has the potential to have significant impact on financial service providers.

12:20, 11th November 2015
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