Author Archives: Steve Hedley

‘The 2019 Hague Judgments Convention – A Game Changer?’

“The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters will form the object of a conference (in English) scheduled to take place on 23 April 2020 at the Catholic University of Milan. Speakers include …” (more) [Thalia Kruger, Conflict of Laws .net, 22 January]

‘Rethinking Uniformity in Statutory Interpretation’

Ryan Doerfler, Can a Statute Have More Than One Meaning?, 94 New York University Law Review 213 (2019). It is a persistent theme in statutory interpretation theory – one shared by textualists, purposivists, and intentionalists alike – that a statutory term must have the same meaning from case to case and from litigant to litigant. […]

Brady Williams, ‘Unconscionability as a Sword: The Case for an Affirmative Cause of Action’

ABSTRACT Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view that unconscionability operates merely as a ‘shield’ and not a ‘sword’ […]

Tang Hang Wu, ‘Trustees’ investment duties and cryptoassets’

ABSTRACT This article considers the legal and practical concerns for trustees regarding cryptocurrencies and other related instruments, which will be referred to as ‘cryptoassets’. It will briefly introduce the various types of cryptoassets and explore the risks involved when trustees decide to (or not to) invest in these instruments. This article provides a framework on […]

‘On the Uniform Construction of Contract Boilerplate’

“Contract language is often recycled. The same words get reused in separate transactions between different parties. Generally speaking, the fact that different parties use the same boilerplate does not entail that those words should receive the same judicial interpretation in each transaction. Parties’ prior dealings, what they said during negotiations, local usages, the structure of […]

Colin Scott, ‘Consumer Law, Enforcement and the New Deal for Consumers’

ABSTRACT A key trend for consumer law and policy in Europe has been the progressive expansion of consumer rights. It has long been recognized that the vindication of consumer rights is challenging. The expansion of consumer rights from the 1960s was accompanied by the establishment of proactive regulatory agencies whose enforcement powers complement and to […]

Thomas Verheyen, ‘Modern Theories of Product Warnings and European Product Liability Law’

ABSTRACT Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented […]

Colin Mayer, ‘Ownership, Agency and Trusteeship’

ABSTRACT This article argues that the two dominant concepts of theory of the firm and the bases of modern management education, business practice, and public policy towards the firm, namely shareholder primacy and agency theory, are at best incomplete and at worst erroneous. They omit what was a substantial basis of discourse on the company […]

Ahson Azmat, ‘Tort’s Indifference: Conformity, Compliance, and Civil Recourse’

ABSTRACT Leading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and […]

‘Inaugural Lecture by Alex Mills (UCL): The Privatisation of Private (and) International Law’

Speaker: Professor Alex Mills (Faculty of Laws, UCL). Chair: Professor Campbell McLachlan QC (Victoria University Wellington). Date and time: 6 February 2020, 6:00 pm to 7:00 pm. Location: Bentham House, UCL Laws, London, WC1H 0EG, United Kingdom. Abstract: The boundary between public and private legal relations at the international level has become increasingly fluid … […]