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Impossible to Bank on it: Vicarious Liability on the Move

The imposition of vicarious liability in the recent high-profile Barclays Bank plc v Various Claimants [2018] case seems to be influenced particularly by the vulnerability of the claimant victims. This is unjustified and risks blurring vicarious liability with non-delegable duty liability.

12:00, 14th May 2019
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What is Happening to Defamation Law?

England was once known as the 'centre for libel tourism'. Since the introduction of the Defamation Act 2013, however, the number of defamation claims brought to court in England and Wales has steadily dropped. What has happened to kill this area of law?

12:00, 23rd April 2019
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The Defamatory Paedophile Detector: Roy Moore v Sacha Baron Cohen

Sacha Baron Cohen, creator of household characters 'Borat', 'Ali G' and 'Bruno', has been sued by controversial American politician Roy Moore over a recent episode of Cohen's show 'Who Is America?'. While the lawsuit is filed in America, it raises interesting questions about comedy and defamation.

12:00, 11th September 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 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?

12:00, 24th July 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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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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Lachaux v Independent Print: Defining ‘Serious Harm’ for Defamation

Since the introduction of the Defamation Act 2013, there has been some confusion about what exactly is meant by 'serious harm'. In a case recently decided by the Court of Appeal, some light was shed upon this question; but does the answer really accord with Parliament's intention?

12:00, 27th October 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.

12:00, 24th 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.

12:00, 26th September 2017
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Alright for SAAMco? Redefining Negligence for the Legal Profession

The scope of negligence liability faced by legal professionals was authoritatively determined in the late 1990s; the law was stable and well-known. But a Supreme Court decision from earlier this year heralded a new approach - so should lawyers start to worry, or breathe a sigh of relief?

12:00, 11th April 2017
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