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Recent Articles
Routier v HMRC: Redefining 'Charitable Purposes' For Inheritance Tax
In a recent case regarding a Jersey trust, the Supreme Court disapplied a sixty-year-old convention of interpretation, significantly widening the scope of 'charitable purposes' for inheritance tax exemption.
12:00, 4th February 2020The Shabby State of Surrogacy Laws in the UK
Surrogacy laws, in their current state, have many unacceptable gaps. This has led to the judiciary having to creatively interpret the law, leading to a haphazard band-aid fix that doesn't match up with the clear language of the legislation. Reform by Parliament is needed.
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.
What is Happening to Defamation Law?
England was once known as the 'centre for libel tourism'. Since the introduction of the Defamation Act 2013, however, the number of defamation claims brought to court in England and Wales has steadily dropped. What has happened to kill this area of law?
Investigating Facebook: Competition Law vs Data Protection
The lines between data protection and competition law are blurring. The German National Competition Authority's investigation into Facebook is the first attempt to tackle data protection with the tools of competition law. Can, or should, the EU follow suit?
Unveiled: The Rise of Non-Disclosure Agreements in English Law
Non-Disclosure Agreements have long played a legitimate role in protecting company information and trade secrets. However, the recent #metoo scandal uncovered how many powerful figures were using NDAs to silence their victims. Should limitations be placed on the use of NDAs?
Parliamentary Privilege: An Outdated Right?
The #metoo campaign briefly stagnated in the UK following the granting of a temporary injunction on the identity of a high-profile allegation of sexual misconduct. However, using 'Parliamentary privilege', Lord Hain controversially revealed the identity of the alleged abuser to be Sir Philip Green.
The Gay Cake Case: Lee v Ashers Baking Company
For the past four years, fierce debate has surrounded whether a Christian couple could legally refuse to serve a cake adorned with the message 'Support Gay Marriage'. The Supreme Court recently considered whether this was lawful freedom of expression or bigoted discrimination.
Sports Arbitration Revisited Pt II: Mutu and Pechstein v Switzerland
Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.
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