Case Law Updates

Staying on top of the latest case law is vital for your studies and for showing prospective employers that you have your finger on the pulse.  Here you’ll find TSL’s overviews of the most  important case law developments from the courts.

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Citizen Claim: the EU citizen choice question

An article written by guest contributor Sophia Ploumaki which aims to analyse the European citizenship choice question.

Re P (A Child: Remote Hearing) [2020] EWFC 32

Zara Yusuf provides a summary of a recent family law judgment that shows that remote hearings may not be suitable for all cases.

R (Simon Halabi) v The Crown Court of Southwark and Others [2020] EWCH 1053 (Admin)

Emily Watts provides a summary of a recent case on the interplay between the Sexual Offences Act 2003 and Article 8 of the ECHR.

Supreme Court Judgment in WM. Morrisons Supermarkets PLC v Various Claimants [2020]

Jasmine Cracknell provides a summary of the Supreme Court’s judgment in the data breach class action case of Morrisons v Various Claimants.

The Coronavirus Act 2020: how it affects everyone

In this article, Kuran Phull addresses the restrictive measures this statute uses to protect public health from infectious disease, compared to previous Acts

Can a Tenant Waive a Covenant for Quiet Enjoyment?

A Court of Appeal case in which the Court considered whether a tenant’s failure to pay rent compromised their covenant for quiet enjoyment.

Court of Appeal Shows Support for Traveller Communities

TSL looks at a Court of Appeal case relating to a London Council’s attempt to ban travellers from setting up camps in their borough.

How Long is a Limitation Period?

TSL looks at a case in which the claimant was permitted to bring a claim 35 years after the cause of action arose.

Who is Liable in a Tort Case?

A look at an illustrative case that shows how damages are allocated when multiple parties are at fault in a tort claim.

How Might COVID-19 Affect a Client’s Contractual Obligations?

TSL looks at the doctrine of Force Majeure and whether it can help with contracts rendered impossible to perform under the COVID-19 pandemic.

Harry and Megan: Legal Royalty

By Hannah Forsyth Harry and Meghan have not only been in the papers more than usual this year. They have also been contesting a large number […]

Court of Appeal Blocks Plans to Build 3rd Runway at Heathrow

TSL looks at the Court of Appeal’s decision in a judicial review case brought by climate activists seeking to block the expansion of Heathrow.

Ethical Veganism: A legally protected philosophical belief

By Eashwari Nair Have you ever wondered why some people resort to extreme vegetarianism by avoiding meat, eggs, milk and even mayonnaise?  This meatless lifestyle is […]

The Student Lawyer’s Introduction to Legal Professional Privilege

The Student Lawyer’s introduction to the important doctrine of legal professional privilege.

Manchester City and UEFA Financial Fair Play – What Happened? Why? And What’s Next?

Mark O’Neill reports on Manchester City’s two year ban from European football.

UKSC 10th Birthday Part 2: Successes and Failures

By Emily Counter Founded in 2009, the UK Supreme Court as the highest body in the internal court structure is pivotal in establishing the legal landscape […]

Adidas loses three-stripe trademark battle

By Lucas Mill   It is rare to find an individual who has never worn a pair of trainers or an item of clothing branded with […]

Shareholder activism in the times of climate crisis

By Eliza Liddicott,   What are you doing to help the environment? That question, I’m sure we can agree, has been on the thoughts and lips […]

UKSC 10th Birthday Part 1: how we got to the UKSC

By Eliza Liddicott   It has been a big year for the UK Supreme Court. From the announcement of a new president following the retirement of […]

FIFA Third-Party Ownership Regulations – Definition of a Third-Party

Mark O’Neill reports on the recent change in the definition of ‘third party’ which will enable football clubs to negotiate lower weekly salaries with a player, in exchange for a lump sum upon transfer.

Politics v The Media: how the law has been involved in the 2019 election campaign

By Emily Counter It is common practice that when a general election is growing nearer television debates between significant political parties take place across various broadcasting […]

Councils or the Courts – Who reigns Supreme?

Emily Counter discusses a Supreme Court case on a local council’s duty to provide housing to the homeless.

Women’s Pension Ages: The Legal Battle

The government has won a recent legal battle over the change in pension ages for women. A campaign pressure groups including Women Against State Pension Inequality […]

Who is the new UKSC president

By Eliza Liddicott The UK Supreme Court has been dominating the news recently, with the September Prorogation ruling reinforcing the power of the justices and their […]

Abortion Law: The Current Picture

By Hannah Forsyth Abortion is a controversial area of law in many countries worldwide. Attitudes have changed dramatically over the past century and many countries are […]

How is the law combatting “Fake News”?

With the rise of social media platforms, fake news feels like a new phenomenon. It has, however, existed for centuries. Back in the first century BC, […]

Who pays for climate change?

Global warming and the human contribution to climate change is a contentious issue, currently taking centre stage in both the legal and political spheres. Though many […]

Fintech focus: what is blockchain and how is a legal framework developing around it?

Fintech is the hot word in the world of business at the moment. The number of “Unicorns”(which refers to a fintech firm that is valued at […]

Assisted Dying: the Current Cases

Since the landmark case of Pretty v UK[1], several other cases have been brought to the UK Courts which have highlighted the conflict between UK Law […]

Sex testing in athletics: the key cases

In the ancient Olympic Games, only men were allowed to compete except for equestrian events. After being excluded from the first modern Olympics in 1896, Charlotte […]

Assisted dying: how we got to where we are today

It is thought that the ancient Greeks and Romans believed it was better to voluntarily end a life rather than endure any further suffering. Later many […]

No Fault Divorce: ending the battle of the blame

Revolutionary changes are occurring in UK divorce law, with the current provisions under review after controversial court cases and public challenges. Evidently, this will be an […]

Supreme Court Update: What is a fair trial?

The following article will explore a recent UK Supreme Court ruling, ​In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland) ​[2019] […]

One year of GDPR: the key cases so far – who has suffered and who has had a lucky escape? (Part 2)

This article will examine the case law surrounding the General Data Protection Regulation that came into effect on 25th May 2018. It is part of a […]

One Year of GDPR: how did we get here? The cases that helped create GDPR (Part 1)

This article will examine the case law that concerns personal data rights and how they both highlighted the necessity for such protection that is now better […]

Employment Law Update: A Landmark Case on Restrictive Covenants

The UK Supreme Court has recently after 100 years revisited the law regarding restrictive employment covenants in Tillman v Egon Zehnder Ltd [2019] UKSC 32 . […]

Can Brexit Frustrate a Contract?

This article explores the High Court’s decision in Canary Wharf (BP4) T1 Ltd -v- European Medicines Agency [2019] EWHC 335 (Ch), which found that Brexit could not frustrate a […]

Supreme Court Offers New Guidance on Libel in the Age of Social Media

In 2012, Mrs Stocker wrote a series of Facebook posts to her ex-husband’s new partner, describing Mr Stocker’s history of domestic violence.  In one of these […]

Boris Johnson Escapes Prosecution for £350 million Brussels Claim

It was one of the images that came to define the 2016 Brexit referendum: a large red bus along the side of which were printed the […]

How Medical Negligence Claims Are Changing in the UK

Medical NegligenceAssist.co.uk discuss some of the most recent developments, with regards to current changes in medical negligence claims in the UK.

Diversity in the English Legal System

A historic case will be brought before the Supreme Court in October 2018. Historic, not because of its content or judgement, but because of who is making the judgement. For the first time in the Supreme Court’s history, a case will be heard by a female majority.

The Reasonable Man: Subjective or Objective?

The Student Lawyer discusses the case law surrounding the ‘Reasonable Man’ test. Is this a test that is subjective or objective?

A Closer Look at Pimlico Plumbers v Smith

A landmark ruling on the subject of employment rights is set to be made soon, following the recent hearing of Pimlico Plumbers v Smith in the […]

A closer look at Robinson v Chief Constable of West Yorkshire Police

Nicolas Price explains the recent decision in Robinson v Chief Constable of West Yorkshire Police. He looks into the possible outcomes of a decision that may cause students across the country to go out and buy new textbooks.

Court Ruling Puts Future of the UK’s ‘Snooper’s Charter’ In Doubt

Adam Hughes analyses a ruling made by the European Court of Justice which could challenge the controversial passing of the Investigatory Powers Act

Supreme Court Ruling Changes Joint Enterprise Test

In a land mark ruling yesterday in the case of R v Jogee, the Supreme Court adjusted the threshold required to be held liable through joint […]

Secret Trials: A More Balanced View

The current furore over the concept of a ‘Secret Trial’ has been recently causing a major stir in various media outlets. Here we try to take a more balanced view and decide whether secret trials are ever acceptable.

Explanation on the Existing Contractual Duty to Supply Goods and Services

Teoh Soo Shin summarises the issue of whether the performance of an existing contractual duty to supply goods and services amounts to consideration.

S.13 Sale Of Goods Act 1979, a Myth?

Mahesh Nanwani takes a look at the much discussed S13; Sale by Description provision of the Sale of Goods Act, mainly focussing on the recent decision in Brewer v Mann.

Oscar Pistorius Trial: A Brief look at Advocacy

Article by Giovanni Parcou On 3 March 2014 the trial of Oscar Pistorius began, which many people of the general public have been watching and discussing. […]

The Effect and Scope of s. 33 Companies Act 2006

Ornela Markaj looks at section 33 of the Companies Act 2006, with regards to what contract it creates and who can sue for what. The article looks at cases that date back to 1915.

Passing Off in the 21st Century – Character Merchandising and Image Rights

Tessa Craythrone talks about the development of the law on character merchendising and image rights, with particular reference to Eddie Irvine.

Crime: Liability for Omissions

Charlotte Burmby provides an overview of the criminal law on omissions and the situations in which a crime can be committed by omission.

Trusts: The Three Certainties

Charlotte Burmby provides an overview of the three certainties (certainty of intention, certainty of subject matter, and certainty of objects) required for an express trust to be valid.

An Introduction to Trust Law: Equitable Maxims

Charlotte Burmby provides an introduction to trust law through an exploration of the 14 equitable maxims which are used today.

Judicial Review and Remedies in Public Law

Rebecca Broadbent explains the concept of judicial review and the remedies available to those who have been wronged by governmental bodies.

EU Competition Law: Article 101 of the TFEU

Zaakirah Amodine explains the content of Article 101 TFEU – one of the main regulations of cartels in EU competition law.

Non-Fatal Offences Against the Person: Where to Now?

Reforming the law on violence against the person is an overwhelming task. The current law is often criticised as archaic, unclear and in much need of […]

Sexual Offences Prevention Orders

Rebecca Broadbent explains the purpose and procedure for Sexual Offences Prevention Orders.

The Difficulties of Defining Misconduct in Public Office

Misconduct in public office is an offence at common law triable only on indictment. It carries a maximum sentence of life imprisonment. It is an offence […]

R v Brown – 20 Years On

Liam Draper discusses R v Brown 20 years on following the acquittal of a man of assault after engaging in Fifty Shades of Grey inspired sex activities.

The Catholic Child Welfare Society and Vicarious Liability

Naomi Loomes considers the impact of a recent historical sexual abuse case on the concept of vicarious liability.

A Critique of the Rule in Clayton’s Case

Kushinder Birdi considers the impact of Clayton’s case on tracing rules.