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Authoritative Guidance or ‘Inspired Discussion’? Lord Hoffman on Implied Terms

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

No Safety, Know Pain: Time to Celebrate the HASWA 1974

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.

12:00, 10th March 2017

Fair A Lease? Newman v Clarke and the Strictness of the Self-Dealing Rule

Equity's emphasis on fiduciaries being loyal to their principal has created a number of stringent rules. One - the rule against self-dealing - is particularly rigorous. However, a case from late 2016 shed light on how the courts have tried to limit unfairness caused by this rule of strict liability.

12:00, 3rd March 2017

You’ll Never Walk Alone: How Hillsborough Put Negligence on a Wrong Turn

The impact of the Hillsborough is still being felt right across society and across the law. Indeed, the fallout of the disaster saw the creation of a precedent applied to negligence claims for psychiatric harm. Though of the highest authority, is it time for that decision to be rethought?

12:00, 14th February 2017

Slipping off the Mask: The Failure to Protect our Right to Privacy

Our privacy is under threat. The fight against terrorism and the emergence of social media have meant it is increasingly hard to protect information about our personal lives. And, to compound matters, the current remedies for the infringements of privacy rights we do have are simply not sufficient.

12:00, 10th February 2017

Preventing Self-Harm: A Call for Strongwear Specific Guidelines

The use of strongwear in care facilities can help support patients desist from engaging in self-harm. NICE, the agency that promotes clinical excellence in the UK, has already published guidance on strongwear's use. However, a recent case in Nottingham shows the need for something more specific.

12:00, 31st January 2017

Preventing Self-Harm: A Call for Strongwear Specific Guidelines

The use of strongwear in care facilities can help support patients desist from engaging in self-harm. NICE, the agency that promotes clinical excellence in the UK, has already published guidance on strongwear's use. However, a recent case in Nottingham shows the need for something more specific.

12:00, 31st January 2017

For Whom the Bells Toll: The End of Civil Partnerships?

Statistics document a decline in homosexual couples formalising their relationships in Civil Partnerships since the legislation of gay marriage in the UK. While some argue in favour of an extension to heterosexual couples, the law should recognise that it is time for a divorce from the concept.

12:00, 27th January 2017

The Recoverability of Pre-Action Costs: An Unfair Balance

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.

12:00, 24th January 2017

Section Pick February

You’ll Never Walk Alone: How Hillsborough Put Negligence on a Wrong Turn

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KCTL News

Rising from the Ashes: The Return of Keep Calm Talk Law

18th Nov 2016

Two Years On, KCTL’s Legacy is Expanding

11th Nov 2015

Our First Birthday

11th Nov 2014

From Noticeboard to Broadsheet

13th Oct 2014

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