Author Archives: Steve Hedley

A Comparative Approach to Inheritance Rights of Cohabitants: Filippo Viglione, IALS, 16 May 2019

In this seminar Filippo Viglione will discuss the various solutions being adopted with regard to the legal consequences of non-marital cohabitations, specifically in relation to inheritance rights and he will compare the different models that are gaining ground in the western legal tradition, allowing protection of the surviving cohabitant’s succession beyond the possibility of inheriting […]

Just Published: Contributory Negligence in the Twenty-First Century, by James Goudkamp and Donal Nolan

Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have engaged in a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing […]

Jesse Wall, ‘No-Fault Compensation and Unlocking Tort Law’s: “Reciprocal Normative Embrace”’

ABSTRACT The purpose of this article is to explain how the principle of corrective justice has been displaced by the provision of no-fault compensation for personal injuries. In explaining the transition from tort liability for personal injuries to no-fault compensation, the aim is to identify the norms that are adhered to, and the norms that […]

Khan and Pozen, ‘A Skeptical View of Information Fiduciaries’

ABSTRACT The concept of ‘information fiduciaries’ has surged to the forefront of debates on online platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of […]

Klaus Ulrich Schmolke, ‘Economics of Remedies – The Perspective of Corporate Law’

ABSTRACT From a law-and-economics perspective the primary goal of (legal) remedies is to enhance social welfare by minimising social costs. Remedies help to achieve cost internalisation since they provide means by which third parties who are negatively affected by the respective action are entitled to veto the action (property rule) or to claim compensation for […]

Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch)

“The claim related to a public viewing platform on the 10th Floor of the Tate Modern art gallery in Central London. The gallery overlooked a modern residential development approx 35m away with striking floor to ceiling windows. As a result, visitors using the platform could see into the living areas of the flats …” (more) […]

‘Should Owner Motivation Limit the Exercise of Property Rights?’

Lee Anne Fennell, Owning Bad: Leverage and Spite in Property Law, in Civil Wrongs and Justice in Private Law (Paul B Miller and John Oberdiek, eds) (forthcoming Oxford University Press), available at SSRN. People sometimes exercise their property rights out of animus or an attempt to gain leverage over someone else. An owner may build […]

Remigius Nwabueze, ‘Illegality and trusts: trusts-creating primary transactions and unlawful ulterior purposes’

INTRODUCTION Patel v Mirza provides an interesting opportunity to re-examine the role of illegality in the enforcement of trusts. Though Patel was a case on unjust enrichment and contract, its ratio, to the effect that a restitutionary claim would not be necessarily undermined by an underlying illegality, would definitely resonate with a claim in trust […]

Alexander Chrysanthou, ‘Reliance and representations/promises in frozen embryo disputes: UK and Israeli approaches to estoppel’

ABSTRACT Frozen embryo disputes are hard cases since providing the decision over whether or not to become a parent/dispose of the embryo(s) to one gamete provider in the way he/she wishes denies the other an equivalent decision. In response, estoppel, it is argued, can provide a doctrinally robust response due to its flexibility in deeming […]

Maureen Brady, ‘Property and Projection’

ABSTRACT In cities across the country, artists, protestors, and businesses are using light projections to turn any building’s façade into a billboard, often without the owner’s consent. Examples are legion: ‘Believe Women’ on a New York City Best Buy; a scantily clad male model on the side of an apartment building; a nativity scene on […]