Author Archives: Steve Hedley

Dennis Khong, ‘The Future of Lawyers as Transaction Cost Engineers’

ABSTRACT This paper explains the important role lawyers play as ‘transaction cost engineers’, in facilitating negotiations and contracting. It highlights to revelation by Ronald H Coase on the importance of paying attention to transaction costs, as well as the lessons from the so-called Coase Theorem. It also looks at the role lawyers, outside of a […]

‘An EU anti-SLAPP Directive: A Proposal’

“On 1 December 2020 a model EU anti-SLAPP Directive was released: SLAPP stands for Strategic Litigation Against Public Participation. The proposal is an initiative of a broad network of NGOs supporting the advocacy and initiatives for anti-SLAPP legislation at the level of the EU …” (more) [Dirk Voorhoof, Inforrm’s Blog, 3 December]

Emmanuel Salami, ‘Autonomous transport vehicles versus the principles of data protection law: is compatibility really an impossibility?’

“This article addresses the compatibility of autonomous vehicles (AV) with the principles of data protection law under the legal framework of the European Union/European Economic Area (EU/EEA). The importance of this article lies in the fact that most data protection law provisions stem from these principles. It is therefore impossible to speak of data protection […]

Cashman and Simpson, ‘Class Action Remedies: Cy-pres; “An Imperfect Solution to an Impossible Problem”’

“There are many circumstances in which unlawful conduct may result in the ‘unjust enrichment’ of wrongdoers at the expense of a multitude of consumers, customers, investors and other members of the community. This may encompass, inter alia, impermissible fees or charges by financial institutions or other service providers; increased prices as a result of price […]

Stephanie Aronzon, ‘Blockchain and geographical indications: a natural fit?’

“Blockchain is a lightning rod – attracting both starry-eyed entrepreneurs and industry behemoths. Discovering the technology’s transformative potential beyond cryptocurrency has become routine: its proponents claim that blockchain could ‘revolutionize’ a myriad of industries. One of the most established blockchain applications is in food supply chains. Blockchain’s ability to more efficiently and effectively trace goods, […]

‘The force of “subject to contract”’

“The Court of Appeal has held that a judge had ‘seriously undervalued’ the force of using ‘subject to contract’ wording in written correspondence between solicitors. Joanne Properties v Moneything Capital echoes what the courts have held for over a hundred years; the effect statement is that the matter remains in negotiation until a formal contract […]

‘The Defamation Act and the Public Interest’

“On 17 and 18 November 2020 Inforrm published a two-part post on ‘Corporate Claimants in Libel Cases, Part 1’ and ‘Part 2’ by Guy Vassall-Adams QC, which is an erudite and helpful analysis of the relevant law. The purpose of this article is not to question that analysis, but rather to challenge Mr Vassall-Adams’ underlying […]

‘Conference on recent developments in the European Law of civil procedure’

“On the 29 and 30 of October 2020 the Academy of European Law hosted an online conference on the recent developments in the European Law of Civil Procedure. Over these two days different speakers presented on new developments with regards to key legal instruments such as the Brussels I (recast) Regulation, the Service and Evidence […]

Fahad Bin Siddique, ‘Champerty vs Third-Party Funding in Arbitration: A Censorious Debate’

ABSTRACT The argument regarding the treatment of financial support by third parties in international arbitration has escort to a discussion of several benefits and risks offered by the concept of third-party funding. On the other hand, different countries’ economic and legislative approaches are also crucial to flourish this concept of third-party funding. Several investors, banks, […]

Ellen Rock, ‘Resolving Tensions at the Interface of Public and Private Law’

ABSTRACT Public and private law converge in cases where causes of action and remedies from both sides of the divide might be brought to bear, such as where the same conduct might amount to both a tort and crime, or where demonstrating invalidity of an administrative decision is an element of tortious liability. This article […]