Category Archives: Remedies

Donal Nolan, ‘Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the Hongkong Fir (1961)’

Abstract This chapter discusses the decision of the Court of Appeal in The Hongkong Fir, one of the most important English contract cases of the 20th century. In this analysis of the Hongkong Fir case I argue that close consideration of the case law, coupled with an appreciation of the historical background, reveals certain flaws […]

Richard Lewis, ‘Humanity in Tort: Does Personality Affect Personal Injury Litigation?’, University College London, 8 February 2018, 6pm

This lecture examines whether the character of those involved in personal injury litigation affects the outcome of claims. For example, irrespective of the legal rules, does the personality or background of a claimant or defendant influence whether an action succeeds and how much damages are then paid? A rise in the number of claims is […]

Emily Laidlaw, ‘Are We Asking Too Much From Defamation Law?’

Introduction This research paper examines the question of whether we are asking too much of defamation law in a three-part paper focused on reputation, resolution and recommendations. The focus is on online defamation law. However, the kinds of resolution mechanisms explored in this paper potentially have a wider application. The research is couched in a […]

KV Krishnaprasad, ‘Unjust Enrichment in the “Fairchild Enclave”: International Energy Group Ltd v Zurich Insurance plc

Abstract In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The question for the Court was whether, in the light of its earlier decision in Durham v BAI (Run off) Ltd, insurers could be held […]

‘Happy birthday, Statute of Marlborough!’

“Earlier this month, we celebrated the 800th anniversary of the Forest Charter, Magna Carta’s little sibling. It inspired a new Tree Charter, with accompanying events ranging from bike rides to pole launches. Today, we commemorate the Statute of Marlborough. At 750 years old, issued on 19 November 1267, it’s one of the the oldest pieces […]

Adam Kramer, The Law of Contract Damages (2nd ed)

Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area. The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to […]

Cross-Border Litigation in Europe (Beaumont, Danov, Trimmings and Yüksel, eds)

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil […]

Jonathan Sumption, ‘Abolishing Personal Injuries Law – A project’

Introduction “It is now exactly twenty years since Patrick Atiyah published The Damages Lottery, one of the most eloquent polemics ever to be directed against a firmly entrenched principle of law. Professor Atiyah was concerned with the law of negligence generally. But his book has generally been treated as an attack on personal injuries law […]

William Goldstein, ‘Standing, Legal Injury Without Harm, and the Public/Private Divide’

Abstract Legal injury without harm is a common phenomenon in the law. Historically, legal injury without harm was actionable for at least nominal damages, and sometimes other remedies. The same is true today of many ‘traditional’ private rights, for which standing is uncontroversial. Novel statutory claims, on the other hand, routinely face justiciability challenges: Defendants […]

Simon Deakin, ‘The evolution of vicarious liability’

“On Wednesday 8 November, Professor Simon Deakin delivered the 2017 Cambridge Private Law Centre Allen and Overy Annual Law Lecture entitled The evolution of vicarious liability. The common law of vicarious liability has evolved rapidly in the past two decades as a result of a greater use by appellate courts across several jurisdictions of functional […]