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Recent Articles
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.
12:00, 16th October 2018Sports Arbitration Revisited Pt I: 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.
Financial Fair Play in Football: Curbing the Excess or the Enthusiasm?
Football, a favourite pastime of the nation, is also the basis for truly ludicrious levels of investment, winnings and spending. As such, UEFA introduced Financial Fair Play Regulations to discourage football team insolvency. This article assess the compatibility of the Regulations with EU law.
Forced Arbitration in Sport: A Knock-Out Blow?
Many industries include arbitration clauses in their contracts to steer dispute resolution away from ordinary courts. However, arbitration agreements in sport are forced: the regulations of Sports Governing Bodies are rarely negotiated, so athletes must either accept them or give up their career.
The Defamatory Paedophile Detector: Roy Moore v Sacha Baron Cohen
Sacha Baron Cohen, creator of household characters 'Borat', 'Ali G' and 'Bruno', has been sued by controversial American politician Roy Moore over a recent episode of Cohen's show 'Who Is America?'. While the lawsuit is filed in America, it raises interesting questions about comedy and defamation.
Perfecting an Imperfect Gift: Examining Pennington v Waine
The case of Pennington v Waine is infamous for introducing major uncertainty as to one of equity's most fundamental maxims: 'equity will not perfect an imperfect gift'. Regrettably, subsequent attempts by the courts to divert from this precedent and simply the law have just added to the confusion.
Film Review: 'The Children Act' - Does Justice Care?
The Children Act is the film adaptation of Ian McEwan's novel, the plot of which follows the interactions between a teenage Jehovah's Witness refusing a blood transfusion and the High Court judge tasked with deciding his case. This review considers how the perception of justice compares to reality.
Banco Nazionale v Playboy: Raising the Stakes on Negligent Misstatements
Since the seminal case of Hedley Byrne v Heller, there has been persistent judicial disagreement over the role of assuming responsibility for negligent misstatements. The issue recently arose for reconsideration before the Supreme Court - did the court resolve or continue the debate?
Armes v Nottinghamshire CC: Vicarious Liability Spirals out of Control
The law on vicarious liability has gradually widened in recent years. However, a recent Supreme Court judgment pushed this area of the law too far, opening its applicability up to too many relationships and encouraging companies to contract out their services to avoid liability.
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