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Recent Articles
The Digital Future: How the New Electronic Communication Code Impacts Landowners
The government is aiming to enhance the UK's digital capacity. As part of this, it has introduced new rules that regulate interactions between landowners and telecommunications operators. These rules are more favourable to operators, which might actually undermine the success of government's plans.
12:00, 17th April 2018Corporate Liability to Third Parties: Where We Were and Where We Are
Common law doctrines and the idea of companies having separate legal personality resulted in harsh consequences for third parties to commercial contracts. Therefore, the Companies Act 2006 represented a welcome mass overhaul of the previous unsatisfactory law.
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.
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.
Teeing Off: Opening the Door to Easements for Sporting Facilities
Though sport's prominence in society is widely accepted, the legal world has been slow to catch up. Yet the times they are a changing: excitingly, last summer, the Court of Appeal accepted the public interest in accessing sporting facilities could trigger the recognition of an easement.
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?
Good Faith in English Contract Law: Where Are We Now?
English law's traditional hostility to an implied duty of good faith stems from a desire to preserve the principle of freedom of contract. Increasingly however, the courts are recognising that this position is both flawed in principle and damages the very certainty it is trying to protect.
Fixed-Term Contracts in Football: Foul Play or Fair Game?
The idea of footballers being signed on short-term contracts has been a widely accepted part of the sport. However, in a recent German case, a player challenged the legality of these contracts; if he had been successful, this could have had a revolutionary effect on the beautiful game.
The Death of Copyright Law's Idea/Expression Dichotomy
For copyright law, a between ideas and expressions has long been considered to have foundational status. However, a number of recent judgments from both the English and EU courts have cast doubt on the extent to which that fundamental dichotomy really is applicable today.
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