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It is over a year since Lord Hoffmann's controversial approach to implied terms was overruled by the Supreme Court. The law, having been reverted back to its prior state, is generally considered more satisfactory now. But why?12:00, 28th March 2017
Health and safety legislation is invariably greeted with scepticism. Myths concerning bans on conkers and the putting up of Christmas decorations have meant that the importance of the law in this area oft goes unnoticed. But it is time to give credit where it is due.
Understanding the complex world of commerce is vital for aspiring commercial lawyers. Keep Calm Talk Law's new fortnightly round-up continues, providing a succinct and manageable guide to the commercial stories you should know about.
Getting to grips with the stock market is a vital tool for bolstering your commercial awareness. It will stand you in good stead if you enter the world of commercial law. But it can seem like a confusing and alien place: what should you be looking for and where exactly should you begin?
The Jackson Reforms of 2013 introduced an element of fairness into the management of costs in civil litigation. Though largely successful, when combined with the Pre-Action Protocol, it is clear they were not comprehensive enough to afford protection to defendants on the issue of pre-action costs.
Injunctions are an incredibly common remedy, dealing with issues from boundary disputes to anti-social behaviour. In recent years, however, the power has come under more scrutiny where injunctions are used to prevent details of the private lives of public figures being reported.
Lord Philips in Various Claimants v Catholic Child Welfare Society (CCWS) roused: ‘the law of vicarious liability is on the move’. This platitude remains apt today; recent cases have seen both development of the first limb of the vicarious liability test and an extension in scope of the second.
The ‘credit crunch’ of 2009 saw a great deal of households facing mortgage arrears and the threat of repossession. Have mortgage-lenders been given too much power by the courts, and might human rights assist borrowers in defeating mortgage-lenders in the future?
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