Category Archives: Law

Anti-Doping and Amateur Sport

UKAD have recently published details of two decisions and sanctions awarded for doping violations against two amateur (non-elite, non-professional) cyclists (see: ROBIN TOWNSEND and IAN EDMONDS). In summary: TOWNSEND Townsend’s case is less than straightforward and, aside from the fact that the use of performance enhancing drugs is disturbing and concerning of itself, several aspects surrounding the progression of the case are concerning and complicated. It was in December 2015 when,… Read More »

Edwards v Sutton LBC [2016] EWCA Civ 1005 – Occupier’s Liability.

Edwards v Sutton LBC [2016] EWCA Civ 1005 ( see: http://www.bailii.org/ew/cases/EWCA/Civ/2016/1005.html) – a case concerning occupier’s liability – was handed down by the Court of Appeal (CA) on 12th October 2016; a judgment that had been eagerly anticipated by many and a judgment that arguably strikes a significant blow in favour of common sense and against the ‘nanny state’ mentality. It is submitted that, at first instance ([2014] EWHC 4378… Read More »

WTS Grand Final: the Brownlee show.

[DOWNLOAD AS .PDF] Former Word Champion triathlete and BBC Sports commentator Annie Emmerson announced on Twitter that the Spanish Federation have lodged an appeal seeking the disqualification of both Alistair and Jonny Brownlee.   Annie linked the article – written in Spanish – that was published on Tuesday 20th September; after the race that took place on Sunday, immediately following which, a Spanish protest to the Brownlee intervention was rejected.… Read More »

The Supreme Court on the Disclosure of Criminal Records: R (oao T) v SoSHD [2014] UKSC 35

R (on the application of T and Another) v Secretary of State for the Home Department and Another [2014] UKSC 35. (On appeal from the Court of Appeal – that judgment HERE) This case concerned the disclosure of criminal records and whether disclosure infringed the right to a private life as secured by Article 8 of the European Convention on Human Rights by virtue of the Human Rights Act 1998. In… Read More »

VICARIOUS LIABILITY: Mohamud v WM Morrison Supermarkets Plc [2014] EWCA Civ 116

— NOTE: important developments following recent UKSC decision in Mohamud v WM Morrison Supermarkets – judgment: https://www.supremecourt.uk/cases/docs/uksc-2014-0087-judgment.pdf and press summary: https://www.supremecourt.uk/cases/docs/uksc-2014-0087-press-summary.pdf) — In English law, a person is generally only liable for the legal consequences of their own wrongdoing. An exception to that general position is found in the principle of ‘vicarious liability‘. Vicarious liability arises where there is a victim (the Claimant), who is injured by a wrongdoer (X), and X… Read More »

Marlie Farm Fire/Explosion: Fire Service (insurers) Granted Permission to Appeal. Could This be the Appeal to Challenge Capital and Counties?

The name ‘Marlie Farm’ will forever be synonymous with a significant fire service tragedy.  In December 2006, two fire service personnel were killed and a number of other persons (fire service and police) were injured when a steel container containing fireworks exploded during a fire at a mixed commercial and residential site known as ‘Marlie Farm’. The fire service had prior knowledge of fireworks being stored at the site, but… Read More »

The Duty of Care Owed by a Fire Service.

PLEASE NOTE: this was written in 2013; there has been an important and very significant case heard more recently at the Inner House of the Court of Session in Scotland. It is vitally important that the judgment from that case is read alongside what is written below; I am aware that this post has been frequently accessed by persons at educational institutions from around the world. I am in the… Read More »

‘Compensation Culture’ and the Emergency Services.

The media and the public have taken great interest in the letter before action sent by solicitors for Police Constable Kelly Jones from Norfolk. PC Jones attended an incident of a reported break-in at a petrol station. It appears that whilst investigating the break-in, she tripped over a kerb stone resulting in her suffering injury. It seems that PC Jones is alleging that the occupier of the property failed to… Read More »

Vickerman, Copyright and Private Prosecutions.

There has been much press coverage concerning a Sheffield student facing extradition to the US for offences relating to copyright infringement. Many have argued that there are no grounds for extradition, because – they argue – there is an absence of dual criminality (i.e. what he is accused of in the US is not a crime in this jurisdiction.) I have not been wholly persuaded by those arguments, but a… Read More »

Gow v Grant – what relevance to England and Wales?

http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0184_Judgment.pdf As a case concerned with the interpretation of Scottish legislation, the judgment does not really impact upon England and Wales. However, what is interesting are Lady Hale’s orbiter statements that build upon her earlier comments in Stack v Dowden about the inadequacy of English law in this area. This maybe raises the question as to how far the judiciary should go in ‘pressing’ for legislative reform; does this kind… Read More »