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All posts by mlcleaver

McDonald v Newton or McDonald [2017] UKSC 52

The concept of matrimonial property was shaken up in the context of Scottish divorce law by the Supreme Court in this case. In particular the Justices had to make a decision about what proportion of a pension could be included and what it meant to

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A New Poll to Vote On!

After the success of the previous poll on the homepage of the website there is now another one to vote on! Last time, in the aftermath of a surprising election result, I asked you whether there would be another election before the year was out.

The Withdrawal Agreement and Implementation Act 2019

It was announced yesterday that the final deal to be agreed by the UK government on the terms of Brexit will be subject to a binding Parliamentary vote. The news from David Davis (pictured) has been recognised as a major concession to Labour as well

R (UNISON) v Lord Chancellor [2017] UKSC 51

In 2013 the government introduced fees for people bringing cases before the employment tribunals in the UK. Although this would remove some of the burden on taxpayers, UNISON argued that the Fees Order prevented access to justice and acted in a discriminatory manner towards women

Khuja v Times Newspapers Ltd [2017] UKSC 49

One of the most delicate balancing acts that occurs within the realm of human rights law is between Article 8 (the right to private and family life) and Article 10 (freedom of expression) of the European Convention on Human Rights. In the UK this has

New Video – EU Law – Freedom of Establishment and Services

The distinction between establishment and services is based on the idea that establishment is more permanent whereas services are more temporary in nature. Establishment mainly falls under Art. 49 with 49(1) allowing for primary and secondary establishment and (2) prohibiting unequal or discriminatory treatment. The

Privacy Vs Transparency In The Courts

One of the fundamental aspects of our Western democracy is that the courts and judicial system should be open. This is seen most clearly in one of my favourite judicial quotes from the case of R v Sussex Justices, ex p McCarthy [1924] 1 KB