Author Archives: Steve Hedley

‘New Judgment: Khan v Meadows [2021] UKSC 21’

“The Supreme Court has unanimously dismissed this appeal concerning whether, in the context of a claim for clinical negligence, the Court should follow the approach to ascertaining the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (‘SAAMCO’) and, if it should, […]

‘New Judgment: Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20’

“The Supreme Court has unanimously allowed this appeal concerning the approach to ascertaining the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (‘SAAMCO‘), in the context of professional advice given by accountants. It is one of two appeals heard by the […]

‘No collective redress against foreign companies in cases of purely financial damage: Case C-709/19 VEB v British Petroleum

“The decision of the Court of Justice of the European Union (CJEU) in Vereniging van Effectenbezitters (VEB) v British Petroleum PLC (BP) plc, delivered on 12 May 2021, came as a major blow to Dutch claim associations suing foreign defendants before domestic courts. The CJEU ruled that Article 7(2) of Brussels I bis Regulation (Regulation […]

Sirko Harder, ‘Compensation for the Cost of a Surrogacy Arrangement in Personal Injury Cases’

ABSTRACT A woman who has been rendered infertile by a defendant’s wrong may wish to obtain damages for the cost of becoming a parent through a surrogacy arrangement. Such a claim, which has yet to be brought before an Australian court, would raise two partially overlapping issues under Australian law. First, the claim must satisfy […]

Michiel Poesen, ‘Is specific jurisdiction dead and did we murder it? An appraisal of the Brussels Ia Regulation in the globalizing context of the HCCH 2019 Judgments Convention’

ABSTRACT Specific jurisdiction in the European Union (EU) is in a state of flux. While its theoretical foundation varies among legal systems, the explanatory model in EU law – established by the Brussels Ia Regulation – is the close geographical connection between a dispute’s subject matter and a court. It is believed that the court […]

Harry Parent, ‘The Aadvantage® of Taking the Keys from Google’

ABSTRACT Federal trial courts in different circuits are split on whether keyword-search advertising, particularly Google’s ‘Adwords’ business, constitutes trademark ‘use’ under the Lanham Act. A review of the principles of trademark law that apply to the issue is followed by a discussion of the current scholarly debate over the issue of ‘use’ and an analysis […]

‘A Hidden Revolution: Domestic Application of Foreign Public Law under the GDPR’

“European data protection law has become (in-)famously known as one of the main tools for both the European legislature and the European Court of Justice (ECJ) to push the boundaries of European integration. The most recent decision of the Court in Case C-645/19, 15 June 2021 – Facebook Ireland continues this well-established tradition. By contrast […]

Ula Furgał, ‘The EU press publishers’ right: where do Member States stand?’

“The tension between news media and digital platforms has been growing for years. Platforms capture an overwhelming majority of the digital advertising revenue, causing the business models of legacy news organizations to become unsustainable. While strongly objecting to platforms using their content for free, news organizations depend on platforms as a key source of referral […]

‘The War on Compensation: Troubling Signs for Civilian Casualties in the Gaza Strip’

“The last round of belligerency between Hamas and Israel claimed a significant toll from civilians, with many arguing that some of the more devastating activities conducted by the IDF were in breach of the laws of war (for example, here, here, and here). Just days before a ceasefire was declared, Judge Shlomo Friedlander of Israel’s […]

‘Replace GDPR, says prime minister’s regulatory hit-squad’

“EU-era data protection laws would be replaced by common-law based UK legislation under a list of proposals for a ‘bold new’ post-Brexit framework proposed by a working party set up by the prime minister today. In its final report, the Task Force on Innovation, Growth and Regulatory Reform (TIGRR), chaired by Conservative former leader Sir […]