Monthly Archives: November, 2024
‘The digital vulnerable consumer: a concept with critical potential or entrenching logics of market efficiency?’
In recent years, the topic of consumer vulnerability has come to the fore in the context of the digitalisation of the economy insofar as it can be seen as a symptom of, and embodying the various asymmetries that characterise digital markets (see eg, BEUC, 2022). One of the many features of the digital economy is […]
‘Sustainability and the public-private divide’
INTRODUCTION Sustainability concerns such as climate change, biodiversity loss, and inequality are the defining issues of our time (Dyer 2024; Hickel 2020; Steffen et al 2015). The relationship between these issues and human activities is, to a notable extent, influenced by legal ideas on the rights, freedoms, and duties of different parties such as individuals, […]
Gareth Davies, ‘Does the GDPR break the Internet? The case for a public data exception’
INTRODUCTION Consider three situations. In one, I read a newspaper article that contains some personal details about an individual, perhaps mentioning their illness, some aspect of their family life, or their involvement in a controversial activity. In another situation, I check a person’s LinkedIn page for information about their recent work activities. In a third, […]
Paolo Panico, ‘From Edinburgh to Rome via The Hague: The International Appeal of the Trusts and Succession (Scotland) Act 2024’
ABSTRACT The Scottish legal system is independent of the English one. Two relevant differences are that the system of property rights in Scotland is based on Roman law, and equity is not a separate source of Scots law. Nonetheless, trusts have been known in Scotland since at least the 16th century. The Trusts and Succession […]
Sophia Moreau, ‘Beyond Discrimination Law: Realizing Equality Through Other Laws, Such as Tort Law’
INTRODUCTION Social hierarchies based upon traits such as gender, race, sexual orientation, and disability currently affect people’s access to many basic goods – for instance, housing, medical care, education, and secure and meaningful employment. Such hierarchies also affect people’s ability to exercise their basic legal and political rights, such as the right to legal counsel […]
Maria Rosaria Maugeri, ‘Consumer protection in the crypto financial market’
ABSTRACT The protection of consumers and users of payment tokens is the subject of a plurality of European disciplines. There is a need to understand whether and how these disciplines can be coordinated with each other. This article analyses the disciplines contained in the: (i) Directive 2011/83/EU of the European Parliament and of the Council […]
Miriam Goldby, ‘Force majeure in the Supreme Court: MUR Shipping BV v RTI Ltd [2024] UKSC 18’
Force majeure (FM) clauses are designed to free both parties to a contract from liability when an event beyond their control prevents one or both of them from performing the contract. Examples of such events include inclement weather, natural catastrophes, political upheaval, changes in applicable rules or regulations, or unavailability of essential supplies or services. […]
John McCamus, ‘Restitutionary Remedies in the Context of Ponzi Schemes: A Commonwealth Perspective’
INTRODUCTION The basic nature of a Ponzi scheme is widely known and understood. The operator of a Ponzi scheme invites investments on the promise of unusually high rewards of some kind, whether in the form of interest, dividends, profits, or returns in some other form. The scheme is fraudulent in the sense that the high […]
Aryan Mohseni, ‘Trustees’ Indemnities and Fiduciary Duties: The High Court Appeal in Naaman v Jaken Properties Australia Pty Ltd’
ABSTRACT The High Court of Australia appeal in Naaman v Jaken Properties raises the question whether a successor trustee owes a ‘fiduciary duty’ to the former trustee to not destroy, jeopardise or diminish the former trustee’s right of indemnity over trust assets. That question arises to determine whether third parties are liable to account in […]
Emmanuel Slautsky, ‘Climate litigation, separation of powers and federalism à la belge: a commentary of the Belgian climate case’
INTRODUCTION Climate litigation is booming worldwide. Belgium is no exception to that trend. In the latest development, on 30 November 2023, at the start of COP 28, the Brussels Court of Appeal delivered its long-awaited ruling in the climate case (Klimaatzaak/Affaire climat), the Belgian counterpart to the well-known Dutch Urgenda case. the Belgian ruling is […]