Monthly Archives: December, 2018

Craig Purshouse, ‘The Impatient Patient and the Unreceptive Receptionist: Darnley v Croydon Health Services NHS Trust [2018] UKSC 50′

Abstract In Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, the Supreme Court held that a hospital receptionist’s misleading statement about A&E waiting times constituted a breach of duty and that the claimant’s decision, based on this misinformation, to leave the hospital did not break the chain of causation when he was left […]

Hitchings and Miles, ‘Rules Versus Discretion in Financial Remedies on Divorce’

Abstract This article draws on data from a recent empirical study to examine the role of discretion in financial remedy cases on divorce, particularly in the ‘everyday’ needs-based cases that constitute the bulk of the caseload in England and Wales. It explores practitioner and judicial experiences and perceptions of the discretionary Matrimonial Causes Act 1973 […]

Boyle, Wilson and Bryan, ‘Equitable presumptions and inferring intention’

Abstract Over the last decade the attitude towards equitable presumptions at the highest appellate level has turned increasingly frosty. From the Supreme Court’s landmark rejection of a presumed resulting trust analysis in Stack v Dowden, to the Privy Council’s recent rejection of the Bahamian court’s use of a presumed resulting trust in Marr v Collie, […]

Russell and Graham, ‘Corrupted fiduciaries; law of bribery extends to non-monetary bribes’

Introduction Lord Herschell famously described the rule that a fiduciary must not place himself in a position where his personal interest conflicts or possibly conflicts with his duty as ‘an inflexible rule of a Court of Equity’. He explained that otherwise: ‘… human nature being what it is, there is a danger in such circumstances, […]

Call for Papers: Economics and Philosophy in Private Law Theory: 10th MetaLawEcon workshop, Bucerius Law School, Hamburg, 5-6 July 2019

“… Where does this debate about the role of economics and philosophy in private law scholarship stand now and where should it go? This is the main question we shall address in an interdisciplinary workshop at the Bucerius Law School in Hamburg. More specific issues to discuss include the following: What do, and should, private […]

‘2018 – The Copyright Year’

“2018 was another busy busy year in the world of copyright, and a continuing global ‘theme’ was the ongoing battle between ‘big tech’ and ‘big content’, with the likes of Google and YouTube continuing to lobby extensively against planned reforms, bringing onboard (some) of the creative community – whilst the ‘big content’ (including film companies, […]

Feldman, Lynch and Joffe, ‘Informed Consent and the Role of the Treating Physician’

Abstract In the century since Justice Benjamin N Cardozo famously declared that ‘[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body’, informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is […]

Victoria Phillips, ‘Intellectual Property Law Gets Experienced’

Abstract … In this essay, I reflect on developments in the decade since publication of that piece and explore the growth and maturing of the new community of law school intellectual property law clinics. I find that in most respects these new clinics stand comfortably on shoulders of the pioneers of the clinical legal education […]

Bronwen O’Herin, ‘The Costs of Clean Water in Hoosick Falls: Private Civil Litigation and the Regulation of Drinking Water Quality’

Abstract Despite extensive statutory law and regulations governing drinking water quality in the United States, water-contamination crises have been a regular feature of the American news cycle in recent years, perhaps most notably in Flint, Michigan, but also in a disturbing number of localities across the United States, including the upstate New York town of […]

Capps and Rivers, ‘Kant’s Concept of Law’

Abstract Kant’s Doctrine of Right is often understood to explain the authority of law by reference to the way law secures important general interests such as security and welfare. In this article we show that rooting legal obligation in the instrumental benefits conferred by law is a misreading of Kant’s argument. Instead, we suggest that […]