Category Archives: Tort

Michael O’Connor, ‘The Common Law of Cyber-Trespass’

ABSTRACT Right now, if executives in California and Virginia each pay a competitor’s disloyal employee to copy a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA) the Government can charge one executive but not the other. These cases and many others get decided differently due to the ever-widening […]

‘Publication of investigation into businessman ruled as misuse of private information’

“ZXC v Bloomberg LP [2019] EWHC 970 (QB). A businessman has been awarded damages of £25,000 for misuse of private information after media organisation Bloomberg published an article citing confidential information obtained from a UK law enforcement agency which identified the businessman. The judgment follows the precedent set in Richard v BBC, that individuals investigated […]

Iyad Mohammad Jadalhaq, ‘Tort Policy in a Plural Context: Pathways Towards Objective Liability in UAE Tort Law’

ABSTRACT This article approaches tort policy contextually, as an argument around actually available alternatives within a historically-specific legal tradition, like that of the United Arab Emirates (UAE), which combines French civil law influence with roots in Islamic law. The article examines alternative tunings of the requirements of tort liability, in view of cases where a […]

Maytal Gilboa, ‘Multiple Reasonable Behaviors Cases: The Problem of Causal Underdetermination in Tort Law’

ABSTRACT This article introduces a significant yet largely overlooked problem in the law of torts: causal underdetermination. This problem occurs when the causal inquiry of a but-for test produces not one but two results, which are contradictory. According to the first, the negligent defendant is the likely cause of the plaintiff’s injury, whereas according to […]

‘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 […]

Francesco Paolo Patti, ‘The European Road to Autonomous Vehicles’

ABSTRACT The present contribution intends to outline a ‘European regulatory strategy’ in order to address technological and legal challenges posed by autonomous vehicles. Starting with a recent communication of the EU Commission, the paper provides a critical analysis of the EU policies on the legal issues of liability related to autonomous vehicles. The ongoing discussions […]

Aditi Bagchi, ‘Production Liability’

ABSTRACT It is well known that many consumer goods are produced under dangerous working conditions. Employers that directly supervise the production of these goods evade enforcement. Activists and scholars have argued that we must hold the manufacturers and retailers that purchase goods made in sweatshops accountable. However, there has been little movement toward such accountability. […]

CRG Murray, ‘Back to the Future: Tort’s Capacity to Remedy Historic Human Rights Abuses’

ABSTRACT A recent cluster of tort actions have challenged historic abuses of power by officials and soldiers engaged in late-colonial counter-insurgency operations. The preliminary judgments in Mutua, relating to the use of torture during the Kenya Emergency, produced a high-profile settlement by the UK Government and became the catalyst for much of the subsequent litigation. […]

Richard Geraghty, ‘The Fatal Accidents Act: is it at the end of its life?’

ABSTRACT The Fatal Accidents Act 1976 (‘FAA’) is the primary statutory basis upon which claims for damages can be brought on behalf of family members following a fatality. The two main heads of loss contained within the Act, for bereavement and dependency, have both proven to be controversial. Issues have been raised about the limited […]

Adam Weitzman, ‘No fault liabilities and private health providers’

INTRODUCTION While clinical negligence provides a number of challenges to those acting on behalf of claimants, historically, the question of who is legally responsible for the treatment was not usually one of them. Claims were brought against NHS making concerns as to whether the hospital or treating physician was responsible academic; the NHS delivered medical […]