Category Archives: Personal Injuries

Oluwakemi Mary Adekile, ‘Compensating Victims of Personal Injuries in Tort: The Nigerian Experience in Fifty Years’

Abstract Compensation for personal injuries has become a critical part of legal regulation of social interaction because personal injuries impacts on the life and limb of victims, with implications on political stability. The question arises as to the significance of tort liability for personal injuries in Nigeria in the midst of the available systems of […]

Ronen Perry, ‘From Fault-Based to Strict Liability: A Case Study of an Overpraised Reform’

Abstract On September 25, 1976, the Israeli Road Accident Victims’ Compensation Act came into force. Prior to its enactment, road accident injuries were subject to the common law of torts, as codified in the Civil Wrongs Ordinance. The statutory reform was intended to achieve a social goal, namely securing prompt and satisfactory compensation to all […]

George Conk, ‘Deadly Dust: Occupational Health and Safety as a Driving Force in Workers’ Compensation Law and the Development of Tort Doctrine and Practice’

Abstract Many observers, looking back at the early twentieth century’s creation by states of the workers compensation laws have seen a grand bargain. In this view tort remedies were compromised for the certainty of more modest scheduled statutory benefits. This study argues that the workers compensation laws were a major victory for labor. Workers gained […]

‘The award of damages to enable surrogacy’

“Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads […]

‘Doing Away With Battery Law’

Stephen D Sugarman, Restating the Tort of Battery (September 19, 2017), UC Berkeley Public Law Research Paper, available at SSRN. Steve Sugarman is one of contemporary tort law’s leading figures, and one feature of his career which stands out is that he is willing to challenge modern orthodoxy. As the title of his classic 1985 […]

Donal Nolan, ‘The Fatal Accidents Act 1846’

Abstract This chapter is a historical analysis of the Fatal Accidents Act 1846, which for the first time gave the relatives of a person who had been wrongfully killed a right to compensation from the wrongdoer. I argue that criticisms of the 1846 Act are largely groundless, and that giving the relatives of the deceased […]

Rachael Mulheron, ‘Has Montgomery Administered the Last Rites to Therapeutic Privilege? A Diagnosis and a Prognosis’

Abstract Therapeutic privilege excuses a medical practitioner from having to disclose the material risks associated with medical treatment which the law would otherwise require, because it is reasonably considered that such disclosure would harm the patient’s health. Where successful, therapeutic privilege is a complete defence. However, it has suffered from an almost complete lack of […]

Jane Bambauer, ‘Dr Robot’

Abstract This Essay explores whether health and medical AI should be regulated more like doctors than like devices, and what difference it would make. It concludes that although the FDA is poised to heavily regulate AI with demanding premarket testing standards out of concern for public safety, the risks posed from medical AI should be […]

Peter Handford, ‘Liability for Work Stress: Koehler Ten Years On’

Abstract This article was published in a special issue of a journal commemorating the life and work of Dr Peter Johnston. It focused on a case drawn to the attention of the author by Dr Johnston – AZ v The Age (No 1) [2013] VSC 335. This case is used as a vehicle for assessing […]

Herring and Wall, ‘The Nature and Significance of the Right to Bodily Integrity’

Abstract This article seeks to explain and explore the concept of bodily integrity. The concept is often elided with autonomy in the case law and the academic literature. It argues that bodily integrity is non-reducible to the principle of autonomy. Bodily integrity relates to the integration of the self and the rest of the objective […]