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The Robinson Case: Arresting Misconceptions about Police Negligence Liability

The law surrounding negligence has been labouring under two misconceptions according to the Supreme Court in a recent decision concerning the liability of police for the tort. This may be true, but after examining the origins of these misconceptions, it is easy to see how they were arrived at.

12:00, 20th March 2018
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If It's Not Faulty, Don't Fix It: Defending Fault in Negligence

Apart from certain strict liability exceptions, no-fault liability in negligence has failed to gain traction in English Law. However, Lord Sumption's recent extra-judicial endorsement of no-fault liability has revived the debate. But this article argues that the current system should be retained.

12:00, 13th March 2018
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Noel Conway's Case: New Developments in the Right to Die Debate

The debate on assisted suicide has refused to go away. Several challenges to current legislation have been heard by the courts in recent years, each unsuccessfully attacking the law from a new angle. In keeping with this, Noel Conway's case represents the latest chapter in this long-running story.

12:00, 27th February 2018
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Should Obesity be Protected as a Disability?

Discrimination law's current definition of what constitutes a disability excludes obese individuals from protection, save where their weight causes them related medical impairments. However, this overlooks that such individuals often suffer social stigmatisation that can also trigger discrimination.

12:00, 30th January 2018
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The Armed Forces Compensation Scheme: A Case for Reform

The Armed Forces Compensation Scheme, which provides injured veterans with compensation, has a number of well-documented flaws that have the effect of denying justice to deserving claimants. A number of different reforms to the way in which the system operates would therefore be welcome.

12:00, 12th January 2018
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Harkins v UK: Highlighting the Importance for Discourse on Extradition

A mammoth legal battle concerning the USA's attempts to extradite alleged murderer Philip Harkins came to an end last year, when the European Court of Human Rights rejected Harkins' final attempt to remain in the UK. The saga highlights how human rights and extradition have the potential to clash.

12:00, 9th January 2018
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A Damaging Disclosure Culture? Lessons from the Allan Case

Recent official reports have exposed a crisis in disclosure which threatens a fair trial and risks miscarriages of justice. This crisis made headlines this week, as the case of Liam Allan highlighted disturbing failures in the prosecuting authorities’ approach to disclosure. So, what is to be done?

12:00, 24th December 2017
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Gilham v Ministry of Justice: Are Whistleblowing Judges Sufficiently Protected?

The act of whistleblowing can be of vital public importance: when undertaken by judges, it can shed light on practices that are causing manifest injustice. Yesterday's decision by the Court of Appeal represents another episode of one whistleblowing judge's attempts to secure greater protection.

12:00, 22nd December 2017
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The MoD's New Compensation Scheme Distorts the Doctrine of Combat Immunity

The doctrine of combat immunity allows the MoD to escape liability for negligence during the heat of battle. Its application involves striking a balance between protecting service personnel and the need for an effective military. A new internal MoD compensation scheme upsets this balance.

11:00, 24th October 2017
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Missing Open Goals: The Duty to Give Reasons in Oakley v South Cambridgeshire DC

The courts have resolutely denied the existence of a general duty for public bodies to give reasons for their decisions. But increasingly, they have also carved out and extended exceptions to that principle. So should the Court of Appeal have, in a recent case, decided to scrap it altogether?

11:00, 17th October 2017
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A Struggle to Soldier On? Reforming Psychiatric Injury Claims for the Military

The law that governs when persons can claim compensation for negligently caused psychiatric harm is beset with problems for all claimants. However, for former members of the Armed Forces, the nature of their job and the experiences that come with it mean the problems are arguably far more stark.

11:00, 26th September 2017
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Commercial Awareness: The Fortnightly Round-Up (w/b 31st July)

Understanding the complex world of commerce is vital for aspiring commercial lawyers. Keep Calm Talk Law's fortnightly round-up returns from a short break, providing a succinct and manageable guide to the commercial stories you should know about.

17:00, 6th August 2017
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The Failure of IP law to Protect Comedians

The law of IP across many jurisdictions has struggled to provide adequate protection for comedians, as demonstrated by an upcoming case in America involving Conan O'Brien. There is evidence that shows comedians have thus resorted to using social norms to protect themselves, and each other.

11:00, 11th July 2017
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Do New Evidence Proposals for Rape Cases Strike a Fair Balance?

New evidence proposals have been given wide coverage in the media. While they may seem ideologically sound, does a close examination of their practicalities lead to questions about whether these reforms could be quite damaging to an area already struggling to strike an intricate balance?

11:00, 7th July 2017
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