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Unveiled: The Rise of Non-Disclosure Agreements in English Law

Non-Disclosure Agreements have long played a legitimate role in protecting company information and trade secrets. However, the recent #metoo scandal uncovered how many powerful figures were using NDAs to silence their victims. Should limitations be placed on the use of NDAs?

12:00, 4th January 2019
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Parliamentary Privilege: An Outdated Right?

The #metoo campaign briefly stagnated in the UK following the granting of a temporary injunction on the identity of a high-profile allegation of sexual misconduct. However, using 'Parliamentary privilege', Lord Hain controversially revealed the identity of the alleged abuser to be Sir Philip Green.

12:00, 13th November 2018
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Sports Arbitration Revisited Pt II: Mutu and Pechstein v Switzerland

Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.

11:00, 16th October 2018
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Sports Arbitration Revisited Pt I: Mutu and Pechstein v Switzerland

Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.

11:00, 9th October 2018
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Forced Arbitration in Sport: A Knock-Out Blow?

Many industries include arbitration clauses in their contracts to steer dispute resolution away from ordinary courts. However, arbitration agreements in sport are forced: the regulations of Sports Governing Bodies are rarely negotiated, so athletes must either accept them or give up their career.

11:00, 14th September 2018
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Pimlico Plumbers v Smith: Clearing a Blockage in the Employment Law Pipe?

The Supreme Court's recent judgment in Pimlico Plumbers v Smith [2018] highlighted the difficulties facing employment law that have arisen following dramatic changes in the employment market, but disappointed many employment lawyers through its refusal to be more intrusive in making change.

11:00, 27th 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.

11:00, 13th July 2018
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A Dose of Privacy? The Impact of GDPR on the NHS

The recent implementation of the GDPR has far reaching implications for many types of industries. The NHS, in particular, must ensure that it complies with the regulations, particularly in light of its status as one of the largest employers in the world and the nature of the data it holds.

11:10, 29th May 2018
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Good Faith in English Contract Law: Where Are We Now?

English law's traditional hostility to an implied duty of good faith stems from a desire to preserve the principle of freedom of contract. Increasingly however, the courts are recognising that this position is both flawed in principle and damages the very certainty it is trying to protect.

12:00, 23rd 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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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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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.

11:00, 6th October 2017
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