Category Archives: Tort

Donal Nolan, ‘Alcock v Chief Constable of South Yorkshire Police (1991)’

Abstract This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or ‘nervous shock’. Alcock is the single most important English authority on liability for nervous shock, since although its implications for so-called ‘primary victims’ and rescuers may have been diluted […]

Chung and Zink, ‘Hey Watson, Can I Sue You for Malpractice? Examining the Liability of Artificial Intelligence in Medicine’

Abstract Currently, three South Korean medical institutions – Gachon University Gil Medical Center, Pusan National University Hospital and Konyang University Hospital – have implemented IBM’s Watson for Oncology artificial intelligence (AI) system. As IBM touts the Watson for Oncology AI’s to ‘[i]dentify, evaluate and compare treatment options’ by understanding the longitudinal medical record and applying […]

Weaver and Kysar, ‘Courting Disaster: Climate Change and the Adjudication of Catastrophe’

Abstract Do we court disaster by stretching the bounds of judicial authority to address problems of massive scale and complexity? Or does disaster lie in refusing to engage the jurisgenerative potential of courts in a domain of such vast significance? This Article examines global climate change adjudication to shed light on these questions, focusing particularly […]

Schwartz, Goldberg and Appel, ‘Deep Pocket Jurisprudence: Where Tort Law Should Draw the Line’

Introduction … This article examines four areas of tort law where outlier courts have engaged in ‘deep pocket jurisprudence’. Part I explains the ‘innovator liability’ theories at the heart of the Iowa Supreme Court case. Part II looks at government suits against manufacturers and others in the chain of commerce to pay the costs of […]

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 […]