Category Archives: Tort

John Hartshorne, ‘The need for an intrusion upon seclusion privacy tort within English law’

Abstract In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to […]

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 […]

Herring, Fulford, Dunn and Handa, ‘Elbow Room for Best Practice? Montgomery, Patients’ values, and Balanced Decision-Making in Person-Centred Clinical Care’

Abstract The UK Supreme Court Montgomery judgment marks a decisive shift in the legal test of duty of care in the context of consent to treatment, from the perspective of the clinician (as represented by Bolam rules) to that of the patient. A majority of commentators on Montgomery have focused on the implications of the […]

Journal of European Tort Law – Tort and Climate Change number

Martin Spitzer and Bernhard Burtscher, Liability for Climate Change: Cases, Challenges and Concepts Philip Sutherland, Obligations to Reduce Emissions: From the Oslo Principles to Enterprises Jaap Spier, The Oslo Principles and the Enterprises Principles: Legal Strategies to Come to Grips with Climate Change Monika Hinteregger, Civil Liability and the Challenges of Climate Change: A Functional […]

David Rolph, ‘The Ordinary, Reasonable Search Engine User and the Defamatory Capacity of Search Engine Results in Trkulja v Google Inc

Abstract The liability of search engine operators for defamation is a contentious issue that has engaged the attention of courts across the world. The principal focus of such cases is ordinarily the issue of whether the search engine is a publisher for the purposes of defamation law. The High Court of Australia will decide its […]

‘Suing on the Shoulders of Others’

Suzanne Lenon and Danielle Peers, ‘Wrongful’ Inheritance: Race, Disability and Sexuality in Cramblett v Midwest Sperm Bank, 25 Feminist Legal Studies 141 (2017). While few seriously hold up litigating as a path to happiness, lawyers, historians, and activists often associate an expanded capacity to sue with increased justice. Thus the married woman’s right to sue […]

Evelyn Atkinson, ‘Creating the Reasonable Child: Risk, Responsibility, and the Attractive Nuisance Doctrine’

Abstract In common law, trespassers could not sue for injuries. In the early 1870s, however, courts exempted child trespassers injured by industrial machinery from this rule. The development of the hotly contested ‘attractive nuisance’ doctrine illustrates turn-of-the-twentieth-century debates about how to allocate the risk of injury from industrial accidents, which linked responsibility to the capacity […]

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 […]

Noah Vardi, ‘Unjust Enrichment in Recent So-Called “Human Rights Litigation”’

Abstract The use of law and of legal instruments as a means to try and offer reparation for historical wrongs and to pursue ‘historical justice’ is not an unknown phenomenon. This paper would like to focus on a specific case study, relating to the use of a typical institute of private law (unjust enrichment) in […]

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 […]