A Rights Based Approach Towards Managing Homelessness: Why Martin v City of Boise is a Step in the Right Direction – Sumit Chatterjee

Sumit Chatterjee   In Soapy’s opinion, the Law was more benign than Philanthropy. There was an endless round of institutions, municipal and eleemosynary, on which he might set out and receive lodging and food accordant with the simple life. [..] If not in coin you must pay in humiliation of spirit for every benefit received… More A Rights Based Approach Towards Managing Homelessness: Why Martin v City of Boise is a Step in the Right Direction – Sumit Chatterjee

‘We are married, but we cannot afford to live together’: Exploring the legal implications of this marital phenomenon in Hong Kong – Martin Kwan

Martin Kwan   Introduction There is an increasingly common marital phenomenon being experienced in Hong Kong in which married couples are forced to live separately. Due to financial difficulties and high property prices, couples are forced to remain living with their respective parents, rather than together.[1] Where divorce is concerned, this situation may present difficulties… More ‘We are married, but we cannot afford to live together’: Exploring the legal implications of this marital phenomenon in Hong Kong – Martin Kwan

 ‘Kill All the Lawyers’ – Examining Public Distrust of the English Legal System

Tasneem Ghazi   In literature and popular culture alike, one is sometimes exposed to the portrayal of lawyers as deceivers and master manipulators. This cliché is notoriously embodied by the Shakespearean quote: ‘The first thing we do, let’s kill all the lawyers’.[1]Today, this sentiment extends beyond a stereotype of lawyers – it is also inextricably… More  ‘Kill All the Lawyers’ – Examining Public Distrust of the English Legal System

Playboy Club London Ltd v Banca Nazionale del Lavoro SpA [2018] UKSC 43

Andreas Giannakopoulos   In Playboy Club London Ltd v Banca Nazionale del Lavoro SpA,[1]the Supreme Court was asked to revisit the principles underlying liability in negligence for pure economic loss. The case raised the question of whether a bank owed a duty of care to an undisclosed principal in supplying a credit reference. The Supreme Court answered… More Playboy Club London Ltd v Banca Nazionale del Lavoro SpA [2018] UKSC 43

Is the EU finally ready for a Common Consolidated Corporate Tax Base?

Malcolm Wu   In 2011, an ambitious Common Consolidated Corporate Tax Base (CCCTB) directive was proposed by the European Commission. The directive sought to harmonise the 28 different corporate tax codes of the Member States into one set of corporate tax rules, while retaining the right of Member States to set their own national tax… More Is the EU finally ready for a Common Consolidated Corporate Tax Base?

Your fault, my fault, our fault, no fault? English fault-based divorce, current proposals and the alternative New Zealand model

By Tom Gilchrist   Introduction Legal problems pertaining to divorce have recently resurfaced into the public spotlight following the case of Owens v Owens [2018] UKSC 41. Mrs Owens married Mr Owens in 1978 and had two children, both of whom were adults when Mrs Owens petitioned for divorce in May 2015. Her petition fell… More Your fault, my fault, our fault, no fault? English fault-based divorce, current proposals and the alternative New Zealand model

Of Law and Morals: The Use of Force and the Syrian Conflict

I. Introduction With regards to the internal conflict in Syria, the optimistic nomenclature of an ‘Arab Spring’ has fallen into desuetude. A series of protests against the Assad regime in Syria in March 2011 escalated into an armed conflict between governmental forces and dispersed rebel groups. As of March 2014, over 146,000 people have been reported… More Of Law and Morals: The Use of Force and the Syrian Conflict

Inhuman Rights: Is the Sun Right About the Human Rights Act?

At the inaugural Media & Public Policy Lecture (Media Standards Trust and King’s Policy Institute), Baroness Helena Kennedy QC examined the relationship between the tabloid press in the UK and the Human Rights Act 1998. This article will examine in further detail some of the key issues that were raised.   It is no secret… More Inhuman Rights: Is the Sun Right About the Human Rights Act?

New Directives on Defence Rights in the EU: Towards Progress?

Human rights play a key role in the determination of criminal law. And as an EU citizen, you are free to move and cross borders. But, would criminal proceedings be initiated against you, are your rights the same wherever you are? Do you always get a translation of the proceedings initiated against you in another… More New Directives on Defence Rights in the EU: Towards Progress?

Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism

I. Introduction: The Intentionalist Position* Richard Posner, noted that: “[A Judge], should try to think his way  as best he can into the minds of the enacting legislators and imagine how they  would have wanted the statute applied to the case at bar.”[1]This position advocates that a Judge must interpret statutes bearing in mind the… More Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism