Monthly Archives: January, 2020

‘Brexit: No need to stop all the clocks’

“‘The time has come’; a common enough phrase which may, depending on the reader’s mood and temperament, be attributed variously to Lewis Carroll’s discursive Walrus, to Richard Wagner’s villainous Klingsor, or to the conclusion of Victor Hugo’s epigrammatic comment to the effect that nothing is as powerful as an idea whose time has come …” […]

Nuna Zekić, ‘The Normative Framework of Labour Law’

ABSTRACT This article looks at how normative questions, ie ‘what should the law be?’, are approached in modern labour law scholarship. A distinction is made between internal and external normative frameworks for analysis, whereby internal frameworks are made up of principles, values or standards that are part of the law and the external frameworks are […]

‘Of Trusts, Grammar, and Gender’

Deborah Gordon, Engendering Trust, 213 Wisconsin Law Review 213 (2019), available at SSRN. In her new piece, Engendering Trust, Deborah Gordon takes on the relationship between women, wealth, inheritance, and the trust form. This intricate relationship is a long-standing one – a vintage marriage, so to speak – defined by gendered asymmetries, assumptions, and characterizations […]

‘UK Accession to the Lugano Convention 2007 – an “oven ready” option?’

“The future of Civil Judicial Cooperation between the EU-27 and the UK after Brexit is an important issue. Once the UK ceases to be subject to common EU rules in the sphere of Civil Judicial Cooperation such as the Re-Cast Brussels Regulation it will lose the benefits of those rules, which provide certainty on which […]

Samuel Beswick, ‘Discoverability principles and the law’s mistakes’

INTRODUCTION … The previous article and this one form a complementary pair. The former provides a close analysis of prevailing precedent, adding a comparison with the Limitation Act’s discoverability provision for personal injuries, to demonstrate the unsatisfactory nature of extant judicial treatments of the discoverability of mistakes of law. This article, by contrast, finds, in […]

Pablo Letelier, ‘A wrong turn? Reconsidering the unified approach to unjust enrichment claims’

INTRODUCTION … This paper argues that adopting a unified scheme to analyse restitutionary claims does not necessarily entail the acceptance of a single normative justification and thus a single set of requirements applicable to every restitutionary claim. This paper is structured as follows. Part II introduces the main arguments developed by Stevens and Smith. Part […]

Paul Davies, ‘Agency and rectification’

INTRODUCTION … This article will focus on these last two points. Mistakes are, generally, best corrected through rectification. Rectification depends on there being a mistake, and it is important to determine whose mistake is relevant for these purposes. In the context of rectification for common mistake, there is much debate about whether a party actually, […]

Postdoctoral Position at the Faculty of Law, Hebrew University of Jerusalem

“A postdoctoral fellowship at the Faculty of Law at the Hebrew University is available for the academic year of 2020-2021. The position is part of the Old Identities, New Times: Does the Common Legal Identity Withstand Modernity?, a research project headed by Dr Sharon Shakargy and funded by the Israeli Science Foundation (grant 835/18). The […]

‘Defamation Act 2013: A summary and overview six years on, Part 2, Sections 4 to 14’

“The Defamation Act 2013 (‘the Act’) came into force on 1 January 2014. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. In this follow-up article, we revisit the topic six years after the Act’s inception and look at […]

Cara Reichard, ‘Keeping Litigation at Home: The Role of States in Preventing Unjust Choice of Forum’

ABSTRACT Choice-of-forum clauses can pose a significant obstacle to individuals hoping to bring claims against corporations. By limiting claims to particular geographic locations, choice of forum is part of a larger trend of constricted access to the courts. Compared to other restrictions, however, the Supreme Court’s inconclusive stance on choice of forum means that this […]