Monthly Archives: December, 2024
Marlon Austin, ‘Haters gonna (sue the) Tate: court-based class warfare and private nuisance post-Fearn’
ABSTRACT At first glance, the majority judgment in Fearn takes a sledgehammer to the law of nuisance and reconstructs it from new principles. However, its impact should not be overstated – its rather heterodox approach should be seen as indelibly linked to the specific and remarkable facts rather than a broader sea change in the […]
Hui Jing, ‘The Concept of Beneficial Ownership in Express Trust: A Necessity?’
ABSTRACT The symmetry between legal and equitable estate is often considered a defining characteristic of an express trust. Consequently, the concept of beneficial ownership plays a crucial role in understanding how an express trust is established and operated. However, concentrating solely on beneficial ownership leads to the categorisation of charitable and non-charitable purpose trusts as […]
‘Equity, Conscience and Commercial Morality’ (UNSW Law Journal thematic issue)
Corporate Alter Ego Liability in Equity (Jamie Glister and Calida Tang) Remedies and the Baumgartner Joint Endeavour Principle: Aspects of the Minimum Equity Rule (Maxen Williams) Terminating Fiduciary Obligations: Is There a Duty of Loyalty to Former Clients? (Jack Zhou) Proportionate Liability for Breach of Trust under the Civil Liability Act: An Opiate on the […]
Diana Pogosyan, ‘Issues Arising Out of Mass Arbitrations and Solutions to Combat Them’
ABSTRACT Arbitrations have been around for thousands of years. The benefits derived from arbitrations are numerous, as they provide individuals with a more efficient and cost-effective way of disputing their claims. Importantly, arbitrations provide consumers with a network to dispute claims they may not otherwise litigate in civil court. However, within the last few years, […]
Uglješa Grušić, ‘The Law Governing United Kingdom Government Tort Liability in the “War On Terror”’
ABSTRACT This article discusses the United Kingdom Supreme Court judgment in Zubaydah v Foreign, Commonwealth and Development Office, which addressed the law governing the tort liability of the United Kingdom Government for its alleged complicity in the claimant’s arbitrary detention and torture overseas by the Central Intelligence Agency. In holding that English law applied, the […]
‘Open Justice and the GDPR: GDPRubbish, the Courts Service, and the Defence Forces’
Last June, Tánaiste and Minister for Defence Micheál Martin announced the appointment of Peter Ward SC (pictured right) to examine the administration of cases involving Defence Forces personnel charged or convicted of criminal offences. The Report (pdf) was published this week. One of the headlines about it caught my eye … (more) [Eoin O’Dell, Cearta, […]
Twigg-Flesner and Howells, ‘Adapting Consumer Law to New Technologies’
ABSTRACT The task for this chapter is to examine how well consumer law is able to adapt to the use of new technologies in consumer-focused applications. Our central thesis is that a methodical approach is needed, comprising several steps and admitting different responses to different technological developments. The context for our discussion will be applications […]
Christian Twigg-Flesner, ‘Contract Automation – Is Functional Equivalence Enough?’
ABSTRACT Many provisions of Transnational Commercial Law dealing with the digital commerce seek to extend the application of existing measures to the digital realm by deploying the functional equivalence principle. This principle is used to identify how legal rules developed in the context of physical transacting can be applied in the digital context, and thus […]
David Capper, ‘Remedies For Mass Harms In The Global Supply Chain’
ABSTRACT Mass harm cases require an extremely high level of case management. Along with this they are extremely costly, both on an ongoing basis and in terms of the costs that would be payable to a successful defendant if the litigation fails to establish liability. This paper examines the procedural mechanisms and the funding sources […]
Martijn Hesselink, ‘Private law subjects in European mini-publics’
ABSTRACT This article explores viable paths towards a more radically democratic European private law. In particular, it argues that European private law should catch the deliberative wave. To this end, the article proposes the introduction of deliberative citizens’ assemblies and citizens’ panels in the context of EU private-law making, especially its reform. The argument is […]