Category Archives: Remedies and Procedure

Tibor Tajti, ‘The impact of technology on access to law and the concomitant repercussions: past, present, and the future (from the 1980s to present time)’

ABSTRACT That technology increasingly impacts everything that is linked to law – from access to law, legal education, the services provided by the legal industry, and, increasingly, even adjudication (in-court or via alternative dispute resolution)- is a fact. The role that technology plays in these contexts varies, yet one may safely presume that the influence […]

Dane Weber, ‘Muschinski v Dodds and the Joint Endeavour Principle: The Ephemeral Distinction between Institutional and Remedial’

ABSTRACT The 1985 High Court case of Muschinski v Dodds provided relief by way of a constructive trust when a joint endeavour broke down without attributable blame in circumstances not contemplated by the parties. This has spurred extensive literature on remedial constructive trusts. Unfortunately, there has been a dearth of literature on the relevance of […]

KV Krishnaprasad, ‘Unjust Enrichment in the “Fairchild Enclave”: International Energy Group Ltd v Zurich Insurance Plc [2015] UKSC 33′

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 Ltd, insurers could be held liable for […]

Kaja Zaleska-Korziu, ‘When the Good Samaritan Pays: the Phenomenon of Strategic Third-Party Funding’

ABSTRACT This paper aims to analyse strategic third-party funding by establishing its main types and their features, and then by comparing and contrasting the unique challenges of each type. This will involve the analysis of both standard and strategic TPF. The article will focus mainly on the issue of strategic TPF in the context of […]

‘“The internet’s not written in pencil, it’s written in ink” … yet content removal can be done on a worldwide basis, says AG Szpunar’

“When it comes to content removal in the context of an injunction, how is this to be done in order to comply with the prohibition of a general monitoring obligation, as per Article 15 of the E-commerce Directive? This, in a nutshell, is the issue at stake in Facebook, C-18/18, a referral for a preliminary […]

Bell and Parchomovsky, ‘Restructuring Copyright Infringement’

ABSTRACT … In this Article, we propose a radically different liability regime predicated on the degree of the infringer’s blameworthiness. Concretely, we call for the establishment of three distinct liability categories – inadvertent, standard, and willful infringements – and tailor a specific menu of remedies for each of the categories. Under our proposal, inadvertent infringements […]

‘Return to sender – CJEU in Fülla (C-52/18) on bulky non-conforming goods’

“We have not yet had a chance to address the CJEU’s judgment of 23 May in the case Fülla (C-52/18). As we have mentioned in the comment on the AG Wahl’s opinion, Mr Fülla was convinced that a party tent he has ordered on the phone was not in conformity with this order. The trader […]

Daniel Spulber, ‘Finding Reasonable Royalty Damages: A Contract Approach to Patent Infringement’

ABSTRACT There is considerable controversy regarding the calculation of damages in patent infringement cases. To help resolve this controversy, the Article introduces a contract approach to patent infringement and develops a methodology for finding reasonable royalty damages. The contract approach complements approaches based on property and tort, thus providing a more complete understanding of damages. […]

‘European Conference on Mediation in Cross-Border Succession Conflicts’: Leipzig, 26 June 2019

“The European Conference on Mediation in Cross-Border Succession Conflicts invites mediators, legal practitioners, researchers, policymakers and citizens who are interested in succession mediation and cross-border mediation. The EU-funded project FOMENTO (Fostering mediation in cross-border civil and succession matters) aims to contribute to foster a widespread use of mediation as a cost-effective solution to prevent and […]

‘The Implications of the UK Supreme Court’s Decision in Vedanta for the Management of Human Rights Risk in Overseas Operations and Supply Chains’

“Since the US Supreme Court effectively closed the door to foreign, human rights related claims against businesses under the Alien Tort Statute, courts in the UK, Canada and beyond have seen an increase in claims against multinational companies based on the common law of negligence for the acts or omissions of subsidiaries. The UK Supreme […]