LSE Law Review

The European Court of Justice’s Judgement in Joined Cases C-37/20 and C-601/20: A Set-Back for Transparency or a Justified Restoration of Rights?

Leave a Comment / International Law, Jackie Veeger, Recent Posts /

Abstract:  This article provides a case commentary on the European Court of Justice’s recent judgment in the joined cases of C-37/20 and C-601/20. In this ruling, the ECJ held that the 4th and 5th Anti-Money Laundering Directives, underpinning the implementation of beneficial ownership registers in the European Union Member States, are in breach of Articles […]

The European Court of Justice’s Judgement in Joined Cases C-37/20 and C-601/20: A Set-Back for Transparency or a Justified Restoration of Rights? Read More »

When and Who Can Kill Your Darlings: Revisiting the Best Interests Test for Children’s Medical Treatments

Leave a Comment / Ovi Cheung, Public Law, Recent Posts /

Introduction In Dance v Barts Health NHS Trust (Dance), Archie Battersbee, a 12-year-old boy, suffered from a catastrophic hypoxic-ischaemic brain injury and was kept alive only by mechanical ventilation.1 Accordingly, the High Court concluded that Archie had ‘no prospect of meaningful recovery’ and authorised the withdrawal of continued ventilation on the basis that it was not in his

When and Who Can Kill Your Darlings: Revisiting the Best Interests Test for Children’s Medical Treatments Read More »

Couzens and Carrick — Whole Life Orders for Police Officers after R v Couzens [2022] EWCA Crim 1063

1 Comment / Criminal Law, Fee Robinson /

Content Warning: Discussion of rape, domestic abuse, murder, and police violence. Introduction In January 2023, Commissioner of the Metropolitan Police, Sir Mark Rowley, told the public to expect two to three Met officers to face criminal trials each week, including for ‘violence against women and girls offences’.1 The level of criminality within British police forces is

Couzens and Carrick — Whole Life Orders for Police Officers after R v Couzens [2022] EWCA Crim 1063 Read More »

Algorithmic Creativity: How Should the UK Copyright Regime Accommodate Autonomous AI-generated Works?

Leave a Comment / Emma Chew, Popular Posts, Private Law /

Introduction From driverless cars and genetic programming to 3D printing and surgical robots, artificial intelligence (AI) has permeated our lives in extensive ways and is emerging as one of the most revolutionary technologies of the twenty-first century. Yet, as with all new technologies, issues arise over legal regulation, one of which concerns copyright protection. As

Algorithmic Creativity: How Should the UK Copyright Regime Accommodate Autonomous AI-generated Works? Read More »

Equity or Equality before the law? What A Local Authority v JB means for Persons who are Unable to Understand what Sexual Consent is

Leave a Comment / Derek Qu, Private Law /

On 24th November 2021, JB, a 38-year-old man, had his private life laid out before strangers in a courtroom, ordered to have 24-hour supervision of his interaction with people and banned from pursuing sexual relations. This is unfortunately the lived reality of persons who are judged to lack capacity after A Local Authority v JB.1 Particularly, the

Equity or Equality before the law? What A Local Authority v JB means for Persons who are Unable to Understand what Sexual Consent is Read More »

Is the grass polluted on the other side? An analysis of liability for environmental damage under Regulation 864/2007 (‘Rome II’)

Leave a Comment / Emmanouela Yiannoudakou, International Law /

Introduction Environmental deterioration is omnipresent, its urgency only increasing by the day.1 The European Union has responded to this crisis by placing the goal of environmental preservation at the very heart of all its policies, as enshrined in Article 11 of the Treaty on the Functioning of the European Union. One such case is the Rome

Is the grass polluted on the other side? An analysis of liability for environmental damage under Regulation 864/2007 (‘Rome II’) Read More »

The Impact of Follower Notices and Accelerated Payment Notices on the Taxpayer’s Fundamental Human Rights in the Context of Tackling Tax Avoidance

Leave a Comment / Ilsu Erdem Ari, Public Law /

Introduction Securing the payment of taxes is an essential prerogative of the legislature. Adding to this, the incentive to tackle tax avoidance schemes provides the legislature an opportunity to enact Acts of Parliament that endow His Majesty’s Revenue and Customs (‘HMRC’) with unprecedented powers.1 One such example is the Finance Act 2014 (‘FA 2014’), which

The Impact of Follower Notices and Accelerated Payment Notices on the Taxpayer’s Fundamental Human Rights in the Context of Tackling Tax Avoidance Read More »

Two Steps Forward, Three Steps Back: GATT Article III:4 and proposals for reform

Leave a Comment / Aoife McCormick, International Law /

In 2020, the United States Trade Representative released a report on the WTO Appellate Body in which it criticised the Appellate Body’s approach to the non-discrimination standard under GATT Article III:4. The WTO dispute settlement bodies employ a two-step market based test. In its current form, the two-step model allegedly fails to strike an appropriate

Two Steps Forward, Three Steps Back: GATT Article III:4 and proposals for reform Read More »

Are Smart Contracts Smart Enough? An Analysis through, and of, Good Faith and Freedom of Contract

Leave a Comment / Ipsa Yadav, Private Law /

ABSTRACT Contract law is rapidly evolving in synergy with new technologies. Concurrently, age-old debates remain unsolved: the desire to infuse an overt doctrine of good faith continues to clash with the English common law ethos of individualism and freedom of contract. Among contract law’s most recent and consequential developments, smart contracts may be viewed as

Are Smart Contracts Smart Enough? An Analysis through, and of, Good Faith and Freedom of Contract Read More »

Silent Lambs to the Slaughter: The Problem with the Current Law Allowing Adverse Inferences from the Accused’s Silence

1 Comment / Ananya Jain, Criminal Law, Popular Posts /

This article examines the provisions of the Criminal Justice and Public Order Act 1994 which allow the jury to draw adverse inferences from the accused’s silence in the police station and during trial proceedings. It argues that the current law does not account for possible innocent reasons for silence, creating the risk of wrongful convictions.

Silent Lambs to the Slaughter: The Problem with the Current Law Allowing Adverse Inferences from the Accused’s Silence Read More »