Category Archives: Remedies and Procedure

Philip Sales, ‘Implications of Brexit and Covid-19 for UK Law’

“It is a great pleasure for me to speak to you today, albeit through virtual means. I have been asked to speak about the implications of Brexit and COVID 19 for the UK’s law and its legal system. These are large subjects, with significant legal consequences that are still unfolding and will continue to do […]

‘Foreseeability and controllability of strikes – CJEU in Airhelp (C-28/20)’

“On 23 March 2021 the CJEU issued its judgment in the case Airhelp (C-28/20), interpreting provisions of Regulation 261/2004 on air passenger rights. Specifically, this judgment confirms that in most cases the airlines will not be able to invoke strikes (industrial actions) as an extraordinary circumstance that would release them from their obligation to pay […]

Christopher Robinette, ‘Harmonizing Wrongs and Compensation’

… The goal of this Article is to advocate for this synthesis as a general approach to tort theory. Incorporating compensation into tort law would match the motivations of many parties in the tort system and help improve its administration. I practiced tort law for seven years, usually representing plaintiffs. Some of my clients were […]

Thomas Cotter, ‘Damages for Noneconomic Harm in Intellectual Property Law’

ABSTRACT This Article provides a comprehensive analysis of awards of ‘noneconomic’ damages for reputational and emotional harm in intellectual property (IP) law, including trademarks, copyright and moral rights, the right of publicity, and patent law. The Article discusses, among other matters, the Second Circuit’s recent decision in Castillo v G&M Realty LP, affirming a $6.75 […]

John Fourcade, ‘Ewing v Westport Insurance Company: Damages Recoverable or Damages Collectable?’

ABSTRACT Until Ewing v Westport Insurance Company, Louisiana’s Supreme Court had not determined whether damages in a legal malpractice suit should be limited to the collectable or recoverable amount from the underlying lawsuit. The Court ruled that collectibility of damages is not an affirmative defense in a legal malpractice action. In doing so, the ruling […]

Ronen Perry, ‘The Unidentified Wrongdoer’

ABSTRACT The Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for […]

Troy Fuhriman, ‘Rethinking Force Majeure in the Era of COVID-19: The Ironic Case for More Oppressive Shutdowns’

ABSTRACT The COVID-19 pandemic has led to people all over the world struggling to fulfill their contractual obligations. Some companies in industries ranging from tourism to dentistry, as well as manufacturing supply chains, have been impacted by the virus. Even more than they have been impacted directly by the virus, individuals, governments and companies have […]

Badrinath Srinivasan, ‘The Law on Time as Essence in Construction Contracts: A Critique’

ABSTRACT The concept of time as essence in construction contracts is a controversial topic. Even though parties routinely provide in their agreements that time is of the essence, these clauses inevitably figure in construction disputes. Arbitral tribunals and courts have mostly decided such disputes holding those clauses to be of no legal effect, mainly by […]

Brian Opeskin, ‘Rationing Justice: Tempering Demand for Courts in the Managerialist State’

ABSTRACT Over the past generation there have been significant reforms to the way the state supports the just resolution of legal disputes. Influenced by public sector managerialism, the state has sought ever greater cost-effectiveness by tempering demand for justice in the courts. Using Australia as an example, this article analyses six processes by which the […]

‘International Commercial Arbitration in the European Union – Brussels I, Brexit and Beyond’

“With a comprehensive and informative manuscript, in International Commercial Arbitration in the European Union – Brussels I, Brexit and Beyond (Edward Elgar, 2020, 320 pp: see here a previous announcement of the publication) Chukwudi Ojiegbe provides a wide-ranging overview of the status quo of international commercial arbitration in the European Union, also duly taking into […]