Category Archives: Human Rights

‘Compensation Following Fatal Stabbing: Human Rights And The CICA: “Double Recovery” Not Allowed’

“The decision of the Upper Tribunal in VG v CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil […]

Tommy Chen, ‘PJS and the tort of misuse of private information’

Introduction: “Traditionally, English common law has not recognized a tort of invasion of privacy. Instead, English courts have developed (in a line of cases including Campbell v MGN and Douglas v Hello! (No 3)) a tort of misuse of private information, which is often described as protecting ‘an aspect of privacy’. The impetus for this […]

Dagan and Dorfman, ‘Interpersonal Human Rights and Transnational Private Law’

Abstract: Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns of grave transnational wrongs. But both the conventional way of analyzing these encounters through choice of law (or conflict of laws) rules and the emerging strategies to address the inadequacies of these rules — through either devising exceptional means […]

‘Crossing Boundaries? Public Duties and Private Law’: Workshop, Leicester Law School, 21 October 2016

The aim of the workshop is to bring together private lawyers and human/constitutional rights lawyers from the UK and South Africa to reflect on the different ways in which these two jurisdictions have dealt with the relationship between tort law and human/constitutional rights law. The morning session will be focused on duties, reflecting especially on […]

Call for Papers: Intermediary Liability as a Human Rights Issue (Journal of Intellectual Property, Information Technology and Electronic Commerce Law)

“Intermediaries are backbones of Internet economy. Increasingly, they are also becoming unavoidable gatekeepers to our fundamental rights as citizens. They shape our opinions, but also amplify power of our words; they provide platforms for our creativity, but also limit its forms. Given their crucial position of control, they are increasingly called upon to assist the […]

Jason Varuhas, ‘Damages and Human Rights: Introduction’

Abstract: Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards […]

Francois du Bois, ‘Human Rights and English Contract Law: Parallel Worlds?’

Abstract: This paper examines the influence of fundamental rights on English contract law since the enactment of the Human Rights Act 1998. Its aims are two-fold – to provide a first comprehensive analysis of this phenomenon in English law and to tease out the factors which have shaped its contours. The paper accordingly explores each […]

‘Fatal accidents and statutory categories of claimants’

“The right to claim damages for loss of financial dependency and for statutory bereavement damages are set out separately in the Fatal Accidents Act 1976. Only those who fall within the categories listed in the Act are eligible. The courts have consistently refused to widen these statutory categories, most recently in Smith v Lancashire Teaching […]

Chidi Oguamanam, ‘Intellectual Property: The Promise and Risk of Human Rights’

Abstract: The intersection of intellectual property and human rights is a relatively new site in the search for balance in intellectual property law and policy. Although this intersection opens up intellectual property to a unique kind of interdisciplinary analysis, only the human rights system appears to have seized the opportunity, while its intellectual property rights […]

Recently published: Jason Varuhas, Damages and Human Rights

“Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and […]