Category Archives: Remedies

‘Engstrom on Class Actions (x 2)’

“David Freeman Engstrom, Stanford Law School, has posted two papers on the history of class actions. The first, forthcoming in University of Pennsylvania Law Review 165 (2017), is ‘Revolution of 1978 and the Puzzle of American Procedural Political Economy’: ‘In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have […]

‘Cost of NHS negligence claims likely to double by 2023, says study’

“The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society. Further increases in the £1.5bn bill will render such payments unsustainable and divert significant amounts of funding away from frontline patient care, the […]

Cornell and Light, ‘Wrongful Benefit and Arctic Drilling’

Abstract: The law contains a diverse range of doctrines — ‘slayer rules’ that prevent murderers from inheriting, restrictions on trade in ‘conflict diamonds’, the Fourth Amendment’s exclusion of evidence obtained through unconstitutional search, and many more — that seem to instantiate a general principle that it can be wrong to profit from past harms or […]

Geoffrey Vos, ‘The UK Jurisdictions After 2019’

Introduction: I am delivering this lecture at a time of great change. The General Election has produced a hung Parliament and there remains uncertainty about Brexit. Contrary to what many have said and even more think, Brexit is not just a political question, it raises intensely difficult legal issues that are worthy of careful research […]

Denise Meyerson, ‘Medical Negligence Determinations, the “Right to Try”, and Expanded Access to Innovative Treatments’

Abstract: This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove […]

‘Strasbourg on excessive libel damages’

Independent Newspapers (Ireland) Ltd v Ireland ECtHR, 5th section, 15 June 2017. The Strasbourg Court has decided that an award of damages in an Irish libel case was disproportionate – but, as I shall explain – it has not told us what a proportionate award would have been. This odd position was reached in an […]

Alecia Simmonds, ‘“She Felt Strongly the Injury to Her Affections”: Breach of Promise of Marriage and the Medicalization of Heartbreak in Early Twentieth-Century Australia’

Abstract: This paper examines the relationship between law, medical knowledge and romantic suffering in early twentieth-century Australia. Drawing upon a sample of breach of promise of marriage actions from 1824 to 1930, it argues that where the plaintiff’s pain was largely presumed in the nineteenth century, by the twentieth century mastering the language and performance […]

Terence Etherton, ‘The Civil Court of the Future’

“It is a pleasure to have been asked to deliver this year’s Lord Slynn Memorial Lecture at this time of significant civil justice reform. You might ask when are we not. Since the 1990s there has been one reform after another. From Woolf to Jackson to Briggs, to Briggs again, and then once more to […]

‘Gaps and Shadows in the Common Law’

Mark P Gergen, Privity’s Shadow: Exculpatory Terms in Extended Forms of Private Ordering, 43 Florida State University Law Review 1 (2015). It’s hard to think of anyone who analyzes the interstices of the common law better than Mark Gergen, an expert in an almost improbable number of legal fields. By interstices, I mean the spaces […]

Anthony Gray, ‘Liability of Educational Providers to Victims of Abuse: A Comparison and Critique’

Abstract: The principle of vicarious liability is, to some extent, incoherent. It is indisputable that the case law has moved well beyond the original confines of the doctrine – the basis of its imposition having, to some extent, undercut by development elsewhere in tort law, and its rationale continuing to be subject to conjecture and […]