Category Archives: Remedies and Procedure

Morrisons triumphs in the Supreme Court

“As we all adjust to the strange new reality ushered in by the arrival of Covid-19, it is reassuring to see that the wheels of the justice system continue to turn, and at the highest levels. Today the Supreme Court has handed down its judgment in one of the most watched data protection and employment […]

Kahn and Lopatka, ‘Res Ipsa Loquitur: Reducing Confusion or Creating Bias?’

ABSTRACT The so-called doctrine of res ipsa loquitur has been a mystery since its birth more than a century ago. This Article helps solve the mystery. In practical effect, res ipsa loquitur, though usually thought of as a tort doctrine, functions as a rule of trial practice that allows jurors to rely upon circumstantial evidence […]

Meyers and Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’

ABSTRACT Employment Practices Liability Insurance (EPLI) is a form of insurance that protects employers from claims of discrimination, harassment, retaliation, and wrongful termination. EPLI contracts as currently written often do not exclude intentional actions or payment of punitive damages, creating potentially severe moral hazard problems. We propose potential alterations that would hold employers accountable for […]

Sara Drake, ‘Delays, cancellations and compensation: why are air passengers still finding it difficult to enforce their EU rights under Regulation 261/2004?’

ABSTRACT The aim of this article is to identify why air passengers travelling in the European Union, endowed with the highest standard of consumer protection in the world under EU law, are still being denied their rights and finding it difficult to seek effective legal redress. This article argues that the principal cause of airlines’ […]

‘UK IP courts go virtual, as COVID-19 shutters courtrooms across the globe’

“The legal profession is lucky. Our jobs can be performed anywhere. All we need is a laptop and a phone. However, when it comes to litigation we still prefer our analogue world. We like the tactile nature of hard copy paper bundles that we mark-up and flag. We like walking into a courtroom where we […]

‘Supplying a Key Piece of the Tort-Decline Puzzle’

Alexandra D Lahav and Peter Siegelman, The Curious Incident of the Falling Win Rate: Individual vs System-Level Justification and the Rule of Law, 52 UC Davis Law Review 1371 (2019). In The Curious Incident of the Falling Win Rate, Alexandra Lahav and Peter Siegelman highlight a remarkable – but heretofore overlooked – fact: Between 1985 […]

Léon Dijkman, ‘The European Law of Remedies: a Multi-faceted Enigma’

ABSTRACT Is there such a thing as a European law of remedies? In a new book, Law of Remedies: A European Perspective (Intersentia 2019), editors Franz Hofmann and Franziska Kurz bring together an impressive number of contributions that give the reader a bird’s eye view of this emerging field of study. The potential of remedies […]

Griem and Inderst, ‘Bargaining over Royalties in the Shadow of Litigation’

ABSTRACT We model negotiations over patent royalties in the shadow of litigation through a Nash-in-Nash approach, where outside options, triggered in case of disagreement, are derived from a subsequent game of litigation. The outcome of litigation depends both on ‘hard determinants’, such as relative patent strength, and on ‘soft determinants’, such as parties’ efficacy in […]

‘Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

“In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door for litigants seeking redress for human rights violations in Canadian courts. Significantly, the Supreme Court held that customary international law can give rise to a direct claim in […]

Call for Papers: Small Claims Dispute Resolution for Consumers – A European Approach: Brussels, 10 September 2020

The conference organising team welcomes research papers that contribute to the broad body of knowledge in legal analysis of the European models of small claims dispute resolution and online dispute resolution (ODR) for consumers. In particular, the early-career researchers are encouraged to present their academic contributions to the conference and receive fruitful feedback from the […]