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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.

12:00, 9th October 2018
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R v MK: Clarifying the Defence in Section 45 of the Modern Slavery Act

Under Section 45 of the Modern Slavery Act 2015, victims of trafficking have a defence when charged with certain criminal offences. In a recent decision the Court of Appeal was asked to decide on whom the burden of proof lies; in a welcome decision it restored the orthodoxy.

12:00, 7th September 2018
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Film Review: 'The Children Act' - Does Justice Care?

The Children Act is the film adaptation of Ian McEwan's novel, the plot of which follows the interactions between a teenage Jehovah's Witness refusing a blood transfusion and the High Court judge tasked with deciding his case. This review considers how the perception of justice compares to reality.

19:00, 2nd September 2018
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Tommy Robinson's Conviction and Appeal: Considering Contempt of Court

The recent Tommy Robinson saga - which saw his conviction, imprisonment and (temporary) release all occur in a matter of weeks - captured global media attention. The elusive legal concept of contempt of court underpinned the whole story. How exactly does it work?

19:00, 5th August 2018
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Rethinking Foetal Personhood after the Refusal of Medical Treatment

Debates over foetal personhood are often fought in the context of abortion. However, the debate also arises where a mother refuses an emergency C-section. At present, the law here is unsatisfactory; a reform introducing a “best interests” test and extending the principle of necessity is needed.

12:00, 10th July 2018
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The Fight for LGBT Rights in the Commonwealth Pt I: Tracing Historical Origins

One of the major legal legacies of the British Empire is the criminalisation of homosexuality, which still exists across most Commonwealth states. In the first of a two-part series, Alasdair Maher tracks the historical origins of anti-LGBT laws and how this has influenced their continued existence.

12:00, 22nd June 2018
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#MeToo, #IBelieveHer and the Belfast Trial: Drawing Distinctions

There are important limitations to a finding of legal guilt in rape and sexual assault cases. This was made clear by the controversial decision in the Belfast Trial. Movements like #MeToo and #IBelieveHer must be careful to distinguish legal guilt from morally and socially unacceptable conduct.

12:00, 27th April 2018
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Exploring the Christian Marginalisation Narrative beyond the Workplace

A previous KCTL article examined how legal decisions in employment law have been used to argue that there exists a narrative of Christian marginalisation. Though that article dismissed those arguments, lawyers must not be overlook the sociological and political forces that also contribute.

12:00, 24th April 2018
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Offensive Jokes Becoming Criminal? Count Dankula's Conviction

The recent conviction of Mark Meechan, otherwise known as Count Dankula, for uploading a controversial video on YouTube sets a worrying precedent for freedom of expression. Of most concern is the fact that context is given only a secondary role when considering whether a joke is grossly offensive.

12:00, 20th April 2018
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In a Similar Vein? A Comparative Analysis of Organ Donation Systems

The Organ Donation (Deemed Consent) Bill 2017-19 proposes a 'soft opt-out' system involving a rebuttable presumption of consent to organ donation. An examination of organ donations in several foreign jurisdictions sets out a number of lessons that the UK must learn when implementing this system.

12:00, 13th April 2018
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Proposed Changes to Organ Donation Miss the Heart of the Issue

A Private Members' Bill proposing changes to organ donation has recently passed its second reading in Parliament. However, the proposed soft opt-out scheme is the incorrect route to take; instead, attention should be given to changing societal attitudes towards organ donation.

12:00, 3rd April 2018
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In Defence of Regional Human Rights Bodies

Alongside international documents that set out universal human rights, there exists in several parts of the world regional systems for promoting and protecting human rights. Though these systems have been criticised, they are valuable tools for developing the law that must be celebrated.

12:00, 30th March 2018
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Commissioner v DSD: Sending Police Liability into Uncharted Waters

A recent Supreme Court judgment represents a major expansion in the extent of police liability under the Human Rights Act 1998. Though the decision on the facts was unanimous, disputes between the judges as to the correct size of the expansion raises concerns over the impact of the decision.

12:00, 27th March 2018
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A Christian Marginalisation Narrative? Religious Symbols in the Workplace

Several decisions concerning attempts by Christian employees to manifest their religion at work have prompted concerns of a 'Christian marginalisation narrative' in discrimination law. However, such concerns are unfounded: they stem from attaching undue significance to isolated cases.

12:00, 23rd March 2018
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