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The Reasonableness of the UCTA 1977’s Test of Reasonableness

The test of reasonableness in the UCTA 1977 has been criticised for its potential to create certainty and undermine the fundamental doctrine of freedom of contract. However, these criticisms overlook the judicial and legislative safeguards that have been put in place to counteract such concerns.

12:00, 31st October 2017

Lachaux v Independent Print: Defining ‘Serious Harm’ for Defamation

Since the introduction of the Defamation Act 2013, there has been some confusion about what exactly is meant by 'serious harm'. In a case recently decided by the Court of Appeal, some light was shed upon this question; but does the answer really accord with Parliament's intention?

11:00, 27th October 2017

The MoD's New Compensation Scheme Distorts the Doctrine of Combat Immunity

The doctrine of combat immunity allows the MoD to escape liability for negligence during the heat of battle. Its application involves striking a balance between protecting service personnel and the need for an effective military. A new internal MoD compensation scheme upsets this balance.

11:00, 24th October 2017

An Expensive Hiccup? Enforcing Drunken Promises in Ashley v Blue

A recent case examined a contract allegedly made by Newcastle United FC chairman Mike Ashley during a night of heavy drinking. It highlights the importance of a fundamental criterion for the creation of a contract - the intention to create legal relations - and how uncertainty can vitiate it.

11:00, 6th October 2017

A Struggle to Soldier On? Reforming Psychiatric Injury Claims for the Military

The law that governs when persons can claim compensation for negligently caused psychiatric harm is beset with problems for all claimants. However, for former members of the Armed Forces, the nature of their job and the experiences that come with it mean the problems are arguably far more stark.

11:00, 26th September 2017

MWB v Rock: Consideration and Promissory Estoppel on the Move

The law surrounding the doctrine of consideration has been in a state of confusion for many years. When the Court of Appeal sought to rectify this last year, mixed results followed. So when the Supreme Court comes to examine the situation, what have they got to resolve and how should they do it?

11:00, 8th September 2017

Inventing Intention: Problems with Common Intention Constructive Trusts

Common Intention Constructive Trusts allow courts to assign interests in property to persons who have not complied with formality requirements. Though a useful tool for the courts to use upon the break-up of unmarried couples, the courts have - at times - contradicted key principles of property law.

11:00, 25th August 2017

A Problem of Perpetuity: Reconsidering White & Carter and Repudiatory Breaches

Upon a repudiatory breach, the 'innocent' party to a contract can decide whether or not the contract should be terminated. But this right is subject to limitations, one of which is highly controversial. Fortunately, the Supreme Court will soon have the opportunity to resolve this complex debate.

11:00, 22nd August 2017

Examining Divorce Law's ‘Intellectual Dishonesty’ in Owens v Owens

The Court of Appeal's decision in a case from earlier this year received significant coverage, as the judges' powerful criticism of the current law reignited a debate about its rationale. With the case set to hit the Supreme Court, our Editor in Chief examines whether it might be time for reform.

11:00, 11th August 2017

Section Pick October

Lachaux v Independent Print: Defining ‘Serious Harm’ for Defamation

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KCTL News

An Anniversary or Two – Four Years of Keep Calm Talk Law

11th Nov 2017

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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