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Browse \ Tags \ Justice

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Armes v Nottinghamshire CC: Vicarious Liability Spirals out of Control

The law on vicarious liability has gradually widened in recent years. However, a recent Supreme Court judgment pushed this area of the law too far, opening its applicability up to too many relationships and encouraging companies to contract out their services to avoid liability.

11:00, 21st August 2018
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How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants

Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.

11:00, 17th August 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?

18:00, 5th August 2018
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The Treatment of Negligent Doctors: Reflections on the Dr Bawa-Garba Case

The case of a junior doctor stripped of her medical licence following the death of a six-year-old triggered mass outcry among medical professionals. In their view, it showed the current law's failure to appreciate how systemic issues in the NHS can lead to human error. Should the law be reformed?

11:00, 24th July 2018
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Communications Data: A Critical Investigative Tool or a Charter to Snoop?

When granting law enforcement authorities access to communications data, the law must strike a balance between the interests of public protection and the individual right to privacy. The UK's current law in this area appears to be failing in this respect; more must be done to correct the imbalance.

11:00, 17th 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.

11:00, 22nd June 2018
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Kilraine v Wandsworth LBC: The Final Whistle on the Geldud Distinction?

The protection afforded to whistleblowers, who call out the immoral or illegal activities of their employers, has been beset with confusion, after the introduction of a questionable between allegations and disclosures of information. The Court of Appeal now has a chance to rectify this.

11:00, 15th June 2018
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Consenting to Serious Violence in R v BM: An Update to R v Brown?

The infamous case of R v Brown [1994] set down the rule that a person cannot generally consent to serious harm. Though controversial, this appears settled law. However, it was law that was tested in a recent case before the Court of Appeal involving a body modification artist... and a snake tongue.

11:00, 8th May 2018
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A New Rule for Company Groups? Knowingly Allowing a Subsidiary to Act Illegally

The current law on company groups allows too much scope for involuntary, unsecured creditors to lose out. Creating a new offence of knowingly allowing a subsidiary to act illegally offers protection to these creditors, without encroaching unduly on the principle of corporate legal personality.

11:00, 4th May 2018
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The Belfast Trial: What Relying on Rape Myths Means for Justice

A defence barrister in the Belfast Trial sought to harness a rape myth in order to discredit the complainant. It is regrettable that rape myths are commonly used in this way, and even more regrettable that they are often effective in securing acquittals. The law should intervene to prevent this.

11:00, 1st May 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.

11:00, 27th 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.

11:00, 20th April 2018
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Book Review: 'Stories of the Law and How It's Broken' by the Secret Barrister

'Stories of the Law and How It's Broken', written by anonymous barrister 'The Secret Barrister', takes a sobering look at the realities of the crumbling English and Welsh criminal legal system. A definite must-read, it is hoped the book's success will help save a system on the brink of collapse.

23:37, 1st April 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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