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Recent Articles
Intention to Create Legal Relations: A Necessary Fiction?
Case law points to an entrenched divide between the treatment of domestic and commercial relationships, but is the objective test for determining an intention to create legal relations a fiction? Moreover, if it is, is the test a necessary fiction or one that is no longer fit for purpose?
12:00, 24th November 2020The Owners and Directors Test: An Unreliable Keeper of Football's Integrity?
The Owners and Directors Test (ODT) is intended to ensure those who run English football clubs are fit for the job and preserve the integrity of the game - but is the current ODT fit for purpose in the wake of recent scandals and failures?
Vicarious Liability: Clarifying A "Close Connection"
Two recent Supreme Court cases have reviewed and updated the case law on vicarious liability. WM Morrison Supermarkets v Various Claimants clarifies the controversial Mohamud case and what exactly constitutes a "close connection" in vicarious liability.
Vicarious Liability: Re-Examining the "Akin to Employment" Test
Two recent Supreme Court cases have reviewed and updated the case law on vicarious liability. Barclays Bank v Various Claimants explores the first step of the vicarious liability test, controversial recent case law, and the traditional divide between employees and contractors.
Coronavirus and Contracts: Is Frustration in Play?
In response to the commercial disruption caused by the novel coronavirus pandemic, there has been an uptick in client interest and law firm advice on the doctrine of frustration. However, the doctrine is unlikely to apply to many of the situations created by the pandemic.
GDPR: Challenges for Businesses, Eighteen Months On
The General Data Protection Regulation (GDPR) was implemented eighteen months ago, but many businesses in the UK are still not GDPR compliant. What are the main challenges presented by GDPR to businesses and their customers, and what role can professionals play in ensuring GDPR compliance?
Climate Change Litigation: Can the Courts Save the Planet?
Climate change is becoming a more pressing problem everyday, with mankind only having an estimated 11 years left to prevent irreversible damage. In light of the increasing failure of governments to take action, litigants are turning to the courts to force change in this area.
Commercial Awareness: Cybersecurity, Huawei, and the Race to 5G
There has been a dramatic rise in the number of cyber-attacks on large organisations such as the NHS and DLA Piper. The recent US-China trade war, and the controversies surrounding Chinese tech company Huawei, have heightened fears that we may be on the precipice of something big.
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.
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