Monthly Archives: January, 2025
Higgins, Zuckerman and Nayer, ‘Facilitating access to justice for victims of mass harm’
ABSTRACT In this article, we propose a package of reforms that, at no additional cost to the taxpayer (and conceivably a cost saving), would facilitate better, cheaper and quicker access to justice for victims of mass harm – be consumers or sub-postmasters caught up in the Horizon IT scandal or the many other groups who […]
Vargzhese George Thekkel, ‘The No Reflective Loss Principle Is Not An Old-Fashioned Corporate Law Relic’
ABSTRACT Shareholders are not allowed to bring actions for damages due to a fall in share value or loss of dividend, which are ‘reflective’ of their company’s loss. Later, this principle also found its application to ‘reflective’ losses of employees and creditors. The Supreme Court, however, in Marex Financial v Sevilleja, unanimously held that the […]
Christopher Arvidsson, ‘Byers v Saudi National Bank: circumventing the knowing receipt doctrine’
ABSTRACT This article will map a category of unconscionable transfers that can circumvent the knowing receipt doctrine by design. It exposes and charts these transfers – herein referred to as Samba Transfers – by looking at Byers v Saudi National Bank. While Byers is the model case, Samba Transfers can occur in many situations. The […]
Nwabueze and White, ‘Privacy law and the dead – a reappraisal’
ABSTRACT Privacy is regarded as a fundamental right that is protected in multiple and varying ways. This cannot be said for privacy of the dead. This article considers the importance of post-mortem privacy and reviews the law of privacy and post-mortem privacy in England and Wales including under the ECHR. It also considers medical confidentiality […]
E Garrett West, ‘Refining Constitutional Torts’
ABSTRACT The constitutional tort is one of the most important mechanisms for vindicating constitutional rights. But the doctrine governing such claims is in disarray. A plaintiff bringing suit against a state official under § 1983 or a federal officer under Bivens faces a series of hurdles to obtain relief: The Supreme Court has crafted absolute- […]
‘European “consumer” notion: Continued broad application in 2024’
Happy New Year to all our Readers! A couple of posts ago we have commented on the changes that the Compass Banca judgment may bring to the average consumer benchmark (see ‘Who is the average consumer? …’), although we will need to carefully follow the practical application of this judgment by national courts. Still, it […]
Ben Mayfield, ‘Death for the Minnows: Private Landlords and the Pendulum of Regulation’
ABSTRACT Recent housing tragedies and scandals such as Grenfell Tower fire, and the death of a child in Rochdale due to mould, cast a long shadow over the provision of housing and have brought several deficiencies of the private rented sector into the light. Security of tenure and rent control in particular have become significant […]
‘Racial Goals and Private Companies: What’s Legal and What’s Not’
Atinuke Adediran, ‘Racial Targets’, 118 Northwestern University Law Review 1455 (2024). In the wake of the extrajudicial murders of George Floyd and Breonna Taylor, millions protested across the US and worldwide against the racial and social injustices that persist within society. The 2020 ‘racial reckoning’ protests were the largest racial justice demonstrations in the US […]
‘EU copyright law roundup – fourth trimester of 2024’
Now that 2024 is behind us, it’s time to report on the fourth trimester. Here is our final roundup of that AI-rich year. This post marks the fourth year of running this series on our blog. In it, we provide updates on key developments in EU copyright law from October to December 2024, covering everything […]
Dahl, Magesh, Suzgun and Ho, ‘Large Legal Fictions: Profiling Legal Hallucinations in Large Language Model’
ABSTRACT Do large language models (LLMs) know the law? LLMs are increasingly being used to augment legal practice, education, and research, yet their revolutionary potential is threatened by the presence of “hallucinations”—textual output that is not consistent with legal facts. We present the first systematic evidence of these hallucinations in public-facing LLMs, documenting trends across […]