Category Archives: Remedies and Procedure

ABC v Telegraph Media Group: NDAs and Interim Injunctions, is there ever a public interest in breach of confidence?’

“The case of ABC v Telegraph [2018] EWCA Civ 2329 raises a number of current and important legal issues about interim injunctions, confidential information and the legitimacy of the use of non-disclosure agreements (NDAs). That was before the disclosure made in Parliament late last week, and the case now raises equally current and important legal […]

‘60 years BIICL, 50 years Brussels Regime, 60 years New York Convention’

“In 2018, not only the British Institute of International and Comparative Law (BIICL) celebrates a round birthday, but also the two most important regimes for cross-border cooperation in civil and commercial litigation and arbitration – the Brussels Regime (1968), to which the United Kingdom acceded 40 years ago, and the New York Convention on the […]

Paula Giliker, ‘Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective’

Abstract Vicarious liability – that is, strict liability for the torts of others – is a doctrine that crosses legal systems. It is found not only in common law systems but also in civil law and hybrid socialist legal systems, such as that of China. The formulation of vicarious liability set out in Article 34 […]

‘Sir Philip Green granted injunction by Court of Appeal for breach of confidence’

“ABC & Ors v Telegraph Media Group [2018] EWCA Civ 2329. The Court of Appeal has overturned a decision of the High Court and granted a business executive (anonymised at first but later revealed to be Sir Philip Green) an interim injunction on the basis of breach of confidence, pending a full expedited trial. The […]

Mark Giancaspro, ‘Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes’

Abstract Perhaps as often as contracts are made, they are breached. When breaches occur, it falls to the innocent party to quantify and make a claim for their losses informally or through the courts (if they choose to do so). An award of compensation under contract law is premised upon the goal of restoring the […]

Olubukola Adeyemi Olugasa, ‘Access to Justice: A Contest between Legal Skill and Technology?’

Abstract A current burning debate in legal practice today appears to be the man-made fight for superiority between the skills of legal practitioner and the legal artificial intelligence skill provided by information and communication technology (ICT) loosely tagged as ‘legal technology’. The essence of the debate is that legal technology can replace legal practitioners’ role. […]

Lars Noah, ‘“Go Sue Yourself!” Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms’

Abstract Are ‘self-inflicted’ harms actionable? Courts increasingly have allowed victims to identify other (typically unrelated) parties that may share responsibility for such injuries. Moreover, insofar as judges now also permit lawsuits against closely related parties, they arguably have expanded what it means for a harm to qualify as self-inflicted. Taking these various doctrinal developments to […]

‘Brief for Samuel L Bray as Amicus Curiae Supporting Petitioners, Merck and Co v Gilead Sciences, Inc

Abstract One of the long-standing maxims of equity is that ‘he who comes into equity must come with clean hands’. It is closely related to the maxim that ‘he who seeks equity must do equity’. These equitable principles are ‘an historical reflection of the fact that courts of equity began as courts of conscience’. In […]

Catherine Sharkey, ‘Institutional Liability for Employees’ Intentional Torts: Vicarious Liability as a Quasi-Substitute for Punitive Damages’

Abstract Modern day vicarious liability cases often address the liability of enterprises and institutions whose agents have committed intentional acts. Increasingly, when an employer is sued, the line is blurred between the principal’s vicarious liability for its agent’s acts and its own direct liability for hiring and/or failing to supervise or control its agent. In […]

‘Netherlands Commercial Court: English proceedings in The Netherlands’

“The international demand for English language dispute resolution is increasing as the English language is commonly used in international trade and contracts as well as correspondence, not only between the trading partners themselves, but also by international parties, their legal departments and their advisors. Use of the English language in legal proceedings is expected to […]