Author Archives: Steve Hedley

Brian Bix, ‘Agreements in American Family Law’

Abstract Family law historically, and still today, remains a paradigm of status rather than contract. Many family law obligations and rights are connected to a status that is either not chosen (for example, child) or a status whose holder has no or limited power to alter the package of rights and duties once the role […]

‘Consequences of Brexit for Private International Law and International Civil Procedure Law’

“What are the consequences of Brexit for Private International Law and International Civil Procedure Law? In the very first monograph in German concerning the legal ramifications of Brexit, Michael Sonnentag discusses these questions (Die Konsequenzen des Brexits für das Internationale Privat- und Zivilverfahrensrecht, Mohr Siebeck, 2017) …” (more) [Giesela Ruehl, Conflict of Laws .net, 16 […]

‘Sir Cliff Richard privacy case: BBC announces decision not to seek permission to appeal’

“The BBC has announced that it will not seek permission to appeal against the judgment of Mann J awarding Sir Cliff Richard privacy damages of £210,000 ([2018] EWHC 1837 (Ch)). The BBC was refused permission to appeal by Mann J on 26 July 2018 ([2018] EWHC 2115 (Ch)). In the course of this judgment he […]

Vanessa Casado-Pérez, ‘A Street View of Property’

Abstract Parking on public streets is scarce. The current allocation system for parking spots based on rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of parking has consequences for commerce, for access to public spaces, and for pollution and congestion. Municipalities have not widely adopted the […]

Ross Grantham, ‘To Whom Does Australian Corporate and Consumer Legislation Speak?’

Abstract A recent feature of corporate and consumer legislation in Australia is that as a matter of regulatory approach the legislation seems intended to speak directly to the end-user – the company director and the consumer – rather than lawyers. Accepting that such an approach is appropriate, the question this paper will explore is whether […]

Reader in Law, Newcastle Law School

Newcastle Law School seeks to strengthen the School’s senior team by appointing a Readership in Law. The successful candidate will provide leadership in a core area of the legal curriculum (we are particularly interested in private lawyers taken to include those willing to teach in areas such as Commercial Law, Land Law, Obligations and Remedies) […]

Margaret Chon, ‘IP and Critical Methods’

Abstract This chapter briefly summarizes the impact of critical theoretical methods on intellectual property (IP) scholarship. It speculates that the influence of critical legal theory on IP is greater than typically acknowledged or understood, and draws on scholarly examples at the juncture of critical and liberal theories to make this point. Chon, Margaret, IP and […]

Trish O’Sullivan and Kate Tokeley, ‘Consumer Product Failure Causing Personal Injury Under the No-Fault Accident Compensation Scheme in New Zealand – a Let-off for Manufacturers?’

Abstract This article examines how the no-fault accident compensation system in New Zealand operates to relieve manufacturers from liability to consumers for product failures which cause personal injury or death. The state-run accident compensation scheme pays compensation to persons who suffer ‘personal injury by accident’ and bars claims for compensation from the party at fault. […]

Bruce Feldthusen, ‘Justice Beverley Mclachlin: Canadian Tort Law’s Most Influential Judge – Who Knew?’

Abstract No judge has had a greater influence on modern Canadian tort law than Justice Beverley McLachlin. During her 28 years on the Supreme Court she sat on all but 13 of the 145 torts cases that came before the Court. Nine of the 13 she missed came during her first year. She was present […]

Kwan and Chin, ‘Be careful what you promise: Proprietary estoppel in Cowper-Smith v Morgan

Abstract Proprietary estoppel provides one of equity’s most powerful remedies. Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise of another. The promise and corresponding reliance creates a quasi-contract with reliance acting as an alternative to the consideration usually required in contracts. Proprietary estoppel is distinct from […]