Author Archives: Steve Hedley

‘Application of the Brussels I bis Regulation ratione materiae, interim relief measures and immunities: Opinion of AG Saugmandsgaard Øe in the case Supreme Site and Others, C-186/19′

“The Hoge Raad Neederlanden (The Dutch Supreme Court), the referring court in the case Supreme Site Service and Others, C-186/19, harbours doubts regarding the international jurisdiction of Dutch courts under the Brussels I bis Regulation, in respect to a request to lift an interim garnishee order …” (more) [María Barral Martínez, Conflict of Laws .net, […]

Klapper, Schmidt and Tarantola, ‘Ordinary Meaning from Ordinary People’

ABSTRACT Ordinary meaning has an extraordinary impact. Across virtually every field of law, statutory interpretation battles of enormous consequence hinge on what judges perceive to be the ‘ordinary meaning’ of law’s words and phrases – how an ordinary person would interpret a provision. In making that determination, judges across the ideological spectrum reach far and […]

Sue Prince, ‘Encouragement of mediation in England and Wales has been futile: is there now a role for online dispute resolution in settling low-value claims?’

ABSTRACT In England and Wales, the judiciary, Her Majesty’s Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of […]

Maripaz Muñoz Prieto, ‘Legislation, Regulations, and Reflections on Environmental Accounting as a Reflection of the Incorporation of Social Responsibility in Companies’

ABSTRACT The purpose of this article is to analyze how accounting legislation has contributed to the improvement of public information on environmental aspects in the financial reports issued by companies. Also, the article aims to verify the relationship between this environmental accounting legislation and the processes of corporate social responsibility. These reports are used for […]

Lee Bygrave, ‘The “Strasbourg Effect” in Data Protection: Its Logic, Mechanics and Prospects in Light of the “Brussels Effect”’

ABSTRACT This article considers various factors that will shape the potential effect of the Council of Europe’s modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU […]

Purnhagen and Saurer, ‘Climate Change Litigation – Liability of EU Member States under EU law’

ABSTRACT This piece investigates whether liability of Member States resulting from EU law can be used as a tool for the enforcement of EU climate change law vis-à-vis the Member States. Thereby, we deploy a broad notion of EU Member State liability that covers all types of financial sanctions that follow from non-compliance with legal […]

‘Court of Appeal deals blow to libel tourists’

“England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ‘libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims […]

Andreas Fischer-Lescano, ‘Nature as a Legal Person: Proxy Constellations in Law’

ABSTRACT Thirty years after the Hamburg seals case, autonomous rights for nature are no longer a merely utopian idea, but a social reality – and, in view of urgent ecological questions, a necessity. By expanding the stakeholder status in politics and law, ecosystems and animals are being empowered de lege lata to enforce their rights […]

‘Emergency Remote Teaching: a study of copyright and data protection terms of popular online services’

“Very few institutions were prepared for the transition to distance learning. Although most teachers would have been familiar with online learning platforms and communication services, the swift move to Emergency Remote Teaching (ERT) took most universities by surprise …” (part 1, part 2) Rossana Ducato, Giulia Priora, Chiara Angiolini, Alexandra Giannopoulou, Bernd Justin Jütte, Guido […]

‘Lawsuits Against Universities for Pandemic-Related Closures’

“Some students are filing class action lawsuits against their colleges and universities for partial tuition refunds and refunds of other fees. As Jeremy noted last week, some schools have given students refunds. Others, apparently, have not. But the fees involved are not all the same. The specifics of the lawsuits might differ but basically, the […]