Category Archives: Remedies

‘Consequences of Brexit for Private International Law and International Civil Procedure Law’

“What are the consequences of Brexit for Private International Law and International Civil Procedure Law? In the very first monograph in German concerning the legal ramifications of Brexit, Michael Sonnentag discusses these questions (Die Konsequenzen des Brexits für das Internationale Privat- und Zivilverfahrensrecht, Mohr Siebeck, 2017) …” (more) [Giesela Ruehl, Conflict of Laws .net, 16 […]

Jacqueline Nolan-Haley, ‘Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?’

Abstract Over the last forty years, ADR processes, in particular mediation and arbitration, have been advanced as vehicles to secure access to justice for individual litigants and to improve efficiency in overburdened court systems. These processes have functioned as alternatives to the court adjudication of disputes, complementing the judicial system, and operating in what has […]

‘Towards a European Commercial Court?’

“The prospect of Brexit has led a number of countries on the European continent to take measures designed to make their civil justice systems more attractive for international litigants: In Germany, the so-called ‘Justice Initiative Frankfurt’, consisting of lawyers, judges, politicians and academics, has resulted in the creation of a special chamber for commercial matters […]

Call for papers: ‘Contractual Issues in Private International Law’

“Dear all, We would like to inform you that an international conference on ‘Contractual Issues in Private International Law’ is going to be held in Istanbul, Turkey on 11 October 2018 by Marmara University Faculty of Law. The main goal of the conference is to study and discuss contractual matters in international legal practice within […]

‘Libel Injunctions: Time to revisit the rule in Bonnard v Perryman?’

“The interim defamation injunction has long been considered a rare breed; indeed it has been 127 years since the common law rule in Bonnard v Perryman [1891] 2 Ch 269 was first established, preventing claimants from obtaining interim libel injunctions in all but the most exceptional circumstances. That was until June this year, when it […]

Samuel Beswick, ‘The Discoverability of Mistakes of Law’

Abstract With unprecedented legal reforms looming upon Brexit, trouble in the drafting and application of laws seem inevitable. It may be decades before the implications are fully appreciated. Actions taken on the basis of a statutory provision that is later held to be void, or on a past precedent that is overruled, may found a […]

‘The Mau Mau litigation: fear is not a personal injury’

“Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign and Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi and Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). […]

Šustek and Holčapek, ‘Alternative Dispute Resolution in Medical Malpractice Disputes’

Abstract Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects […]

Forum on Tenant Fees and Holding Deposits, UCL Faculty of Laws, 30 August 2018, 5:45 pm to 8:30 pm

This free public forum will shed light on the legal and practical role of holding deposits in the residential tenancies market. It will also address the likely effects of the Tenant Fees Bill that is currently before Parliament. A panel of speakers coming from the legal, charities and academic sectors will address three key topics, […]

Tracy Hester, ‘Climate Tort Federalism’

Introduction … This essay begins with a brisk look at the fate of prior federal common law climate tort actions, and sketches out the basic tenets and prior analyses of judicial federalism and its role in mass-party litigation. It then closely examines how climate tort claims under state law will pose fundamental challenges to the […]