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Recent Articles
The Mencap Case: Putting the Sleep-in Shift Issue to Bed?
In a recent decision, the Court of Appeal held that care workers who are contracted to undertake sleep-in shifts are not entitled to the National Minimum Wage for the time they spent asleep. This is a controversial decision that is, quite rightly, set to be heard by the Supreme Court.
12:00, 14th August 2018The Battle for Survival: CVAs and their Impact on Landlords
CVAs are mechanisms agreed by companies and their creditors in order to stave off administration; they buy the company time to restructure their debt and business to survive. However, the effect of such arrangements on landlords can be damaging: they need to be aware of the risks.
Cohabiting Property: Problems and Proposals for Rights of Cohabitees
With more and more couples opting to live together without first getting married, the law is having to try and adapt to this modified approach to cohabitation. It is, at present, failing - particularly where (as is common) the couple has not planned their property rights in the event of a break-up.
Pimlico Plumbers v Smith: Clearing a Blockage in the Employment Law Pipe?
The Supreme Court's recent judgment in Pimlico Plumbers v Smith [2018] highlighted the difficulties facing employment law that have arisen following dramatic changes in the employment market, but disappointed many employment lawyers through its refusal to be more intrusive in making change.
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?
No Limits on Ltds: Defending the Right of Corporations to Sue in Defamation
Defamation law has gradually widened throughout the years. However, controversy has arisen over whether or not companies, which grant high value to goodwill, should be able to sue when defamed by an individual. Australia has adopted a approach; should English law consider it?
It's All Just Talk: No Oral Modification Clauses in MWB v Rock
No Oral Modification Clauses purport to block parties to a contract from agreeing to a non-written variation of its terms. For many years, the legal position of such clauses has remained uncertain thanks to conflicting authority. Finally, the Supreme Court has provided guidance.
Rethinking Foetal Personhood after the Refusal of Medical Treatment
Debates over foetal personhood are often fought in the context of abortion. However, the debate also arises where a mother refuses an emergency C-section. At present, the law here is unsatisfactory; a reform introducing a “best interests” test and extending the principle of necessity is needed.
Spanish Rugby in the Dock Part III: The End of the Line?
An appeal committee upheld a first-instance decision that blocks the Spanish rugby team from qualifying for the Rugby World Cup 2019. Both decisions hold that Spain acted contrary to the laws of rugby. In the third of a three part series, Ben Cisneros examines the final chapter of this sorry saga.
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