Category Archives: Remedies and Procedure

Mathews and Dallaston, ‘Reform of Civil Statutes of Limitation for Child Sexual Abuse Claims: Seismic Change and Ongoing Challenges’

ABSTRACT Historically, civil statutes of limitation applied standard approaches to claims for injuries suffered through child sexual abuse. Due to the features of these cases, many survivors were unable to commence an action for compensation within time, and could not access the civil justice system. However, since 2015, influenced by the recommendations of state and […]

Benedict Coxon, ‘The Prospective (Ir)Relevance of Section 3 of the Human Rights Act: A Comparative Perspective’

ABSTRACT This article suggests that the power conferred on United Kingdom courts by section 3(1) of the Human Rights Act 1998 (UKHRA) is legitimate as a matter of the interpretation of that provision. It sets out a contextual approach to the interpretation of section 3(1) consistent with general principles of statutory interpretation. This differs from […]

Jafari v Tareem Limited [2019] EWHC 3119 (Ch)’

“Summary: The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment. Facts: The Appellant is the commercial tenant of a dentist’s surgery. The Respondent is the landlord, and was conducting a major renovation of the rest of the […]

Griffin and Briffa, ‘Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear’

ABSTRACT In 2017 Victoria became the first Australian jurisdiction to initiate substantive reforms to its civil liability laws, to address barriers faced by plaintiffs seeking to hold institutions liable for child abuse. The new law, based on recommendations arising from a Victorian inquiry, establishes a statutory duty of care owed by organisations to take reasonable […]

Emanuel Towfigh, ‘An Economic Analysis of the Preventive Administration of Justice in Civil Law Countries’

ABSTRACT This Expert Opinion examines the preventive administration of justice in civil law countries from an economic point of view. In many countries with a civil law tradition, the role of the judiciary is not confined to solving conflicts after they occur. Instead, courts and other government actors assist individuals in structuring their legal relationships […]

Frederick Mostert, ‘Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches’

ABSTRACT This chapter discusses intermediary liability for trade mark infringement from an international perspective. Given that the lack of uniform international guidelines has made tackling counterfeits in a borderless digital environment even more challenging, this chapter demonstrates that common approaches are emerging at the international level for online trade mark infringement. The chapter outlines transnational […]

Paterson and Bant, ‘Intuitive Synthesis and Fidelity to Purpose? Judicial Interpretation of the Discretionary Power to Award Civil Penalties under the Australian Consumer Law’

ABSTRACT The fertility of judicial techniques of statutory interpretation is uniquely evidenced in the development of the jurisprudence supporting the award of civil pecuniary penalties for specific contraventions of the Australian Consumer Law (ACL) and equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act). Paterson, Jeannie Marie and Bant, Elise […]

Jeff Gordon, ‘Silence for Sale’

ABSTRACT In the battle between freedom of contract and freedom of speech, contract almost always wins. Recently, nondisclosure agreements (NDAs) – contracts that censor speech – have come under intense scrutiny for cloaking wrongdoing, and scholars have not entirely confronted the harm that contractually enforced silence unleashes on free expression. Prompted by the #MeToo movement, […]

‘Conference and Call for Papers: Frontiers in Civil Justice, Erasmus University Rotterdam’

“The conference Frontiers in Civil Justice will take place at Erasmus University Rotterdam on 16 and 17 November 2020. The conference will address four key issues in civil justice, which require a deeper and renewed reflection in light of their contribution of facilitating access to justice. These are the shaping of the interaction between formal […]

Neurim v Mylan: UK Court of Appeal denies interim injunction in face of a launch-at-risk case, but are damages really adequate?’

“As this Kat was strolling home Wednesday afternoon, he received a call from his old pal Joost Duijm. On the ball as always, Joost told me that the appeal in Neurim Pharmaceuticals v Mylan had been handed down. The Court of Appeal has upheld the decision by Marcus Smith J to deny an interim injunction […]