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Browse \ Tags \ Supreme Court

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Scotch Whiskey v Lord Advocate: A Neat Solution or The Law on the Rocks?

The tension between protecting public health and the free movement of goods - and the broader tension between Member States and the EU - was brought into sharp focus in a Supreme Court case last year that raised questions about a reconsideration of the ambit of Article 34 of the TFEU is needed.

12:00, 23rd November 2018
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The Gay Cake Case: Lee v Ashers Baking Company

For the past four years, fierce debate has surrounded whether a Christian couple could legally refuse to serve a cake adorned with the message 'Support Gay Marriage'. The Supreme Court recently considered whether this was lawful freedom of expression or bigoted discrimination.

12:00, 23rd October 2018
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'Under the Wig': An Interview with William Clegg QC

In a interview to mark the release of his book - Under the Wig: A Lawyer’s Stories of Murder, Guilt and Innocence - William Clegg QC, one of the country's most respected criminal barristers, talks to Keep Calm Talk Law about his book, cuts to legal aid, diversity at the Bar and much more.

12:00, 5th October 2018
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TV Review: Does ITV's 'Inside the Court of Appeal' do the Court Justice?

'Inside the Court of Appeal' was a documentary broadcast on ITV One that followed three criminal appeals. Although it provided a rare and invaluable insight into the workings of the Court of Appeal, it could be argued that it will not help secure public confidence in the criminal justice system.

12:00, 31st August 2018
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Banco Nazionale v Playboy: Raising the Stakes on Negligent Misstatements

Since the seminal case of Hedley Byrne v Heller, there has been persistent judicial disagreement over the role of assuming responsibility for negligent misstatements. The issue recently arose for reconsideration before the Supreme Court - did the court resolve or continue the debate?

12:00, 24th August 2018
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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.

12:00, 21st August 2018
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The Mencap Case: Putting the Sleep-in Shift Issue to Bed?

In a recent decision, the Court of Appeal held that care workers who are contracted to undertake sleep-in shifts are not entitled to the National Minimum Wage for the time they spent asleep. This is a controversial decision that is, quite rightly, set to be heard by the Supreme Court.

12:00, 14th August 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.

12:00, 27th July 2018
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Taming the Dragon: Keeping Welsh Law Accessible in the Devolution Age

Changes to the devolution arrangement have highlighted an increasing problem for Welsh lawyers: the inaccessibility of Welsh law. As Supreme Court justice Lord Lloyd-Jones explained in a recent speech, there are several ways to resolve this issue. His proposal is preferable, but still has flaws.

12:00, 15th May 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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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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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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OPO v Rhodes: One Step Forward, Two Steps Back?

A case concerning the publication of the autobiography of James Rhodes, a renowned concert pianist, saw the reemergence of a Victorian tort that looked destined to be nothing more than a historical footnote. Though its rediscovery is welcome, the Supreme Court limited its scope too heavily.

12:00, 13th February 2018
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