Category Archives: Remedies and Procedure

Chander, Abraham, Chandy, Fang, Park and Yu, ‘Achieving Privacy’

ABSTRACT Is privacy a luxury for the rich? Remarkably, there is a dearth of literature evaluating whether data privacy is too costly for companies to implement or too expensive for governments to enforce. This paper is the first to offer a review of the costs of compliance and to summarize national budgets for enforcement. Our […]

‘The Roberts Court’s Legacy in Class Action Jurisprudence’

Richard D Freer, ‘The Roberts Court and Class Litigation: Revolution, Evolution, and Work to be Done’, 51 Stetson Law Review (forthcoming 2022), available on SSRN. The rise in class action litigation has garnered significant scholarly and judicial attention over the past several decades, particularly in the United States. The Supreme Court of the United States […]

‘Case Comment: FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45′

“On 20 October 2021, the Supreme Court delivered its judgment in FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45. The two issues on appeal were: (i) whether Lady Brownlie’s claims in tort passed through the gateway in paragraph 3.1(9)(a), CPR Practice Direction 6B (the ‘tort gateway’), in that ‘damage was sustained … within […]

‘Testing the Limits: Are Passengers of Drink Drivers Contributorily Negligent for Failing to Act on What They Ought to Have Known?’

“In Campbell v Advantage Insurance Co [2021] EWCA Civ 1698 the Court of Appeal has given guidance on the assessment of passengers’ contributory negligence in drink-driver cases. Dean Brown had driven the claimant, Lyum Campbell, and Dean’s brother, Aaron Brown, to a club. All three consumed significant quantities of alcohol and in the early hours […]

‘Tokenization of intellectual property for IP rights management’

“Interest in blockchain technology, tokens, and IP, continues apace. Consider the recent WIPO webinar, ‘Blockchain Whitepaper for IP Ecosystems’, at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungible tokens. While the tokenization of IP, namely for anti-counterfeiting purposes, was already […]

Chell v Tarmac – The Common Law Unmoved on Vicarious Liability and Direct Duty’

“On 12th January 2022, judgment was handed down in Andrew Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7. This was the second appeal from the decision of HHJ Rawlings (‘the judge’) sitting at Stoke-on-Trent County Court on 14 October 2019. He had dismissed the claim by Mr Chell (‘the appellant’) for personal […]

Meghan Ryan, ‘Compensation for Wrongful Conviction and Incarceration in the United States’

ABSTRACT Wrongfully convicted and incarcerated individuals in the United States may seek compensation by various means. Traditional common-law tort and civil rights actions are sometimes used as vehicles for recovery, but claimants often recover on these claims in only the most egregious cases due to various immunity defenses and claimants’ inability to establish elements such […]

‘Vicarious liability: decisions this week in the contexts of sexual abuse and “horseplay” at work’

“Two decisions this week in very different contexts reinforce the legal tests and factual limits of vicarious liability in negligence claims and show the careful application in practice of the two part test that was most recently refined by the Supreme Court in the duo of cases, Barclays Bank and Morrisons, decided on the same […]

Pippa Rogerson, ‘Jurisdiction in Multi-Factor Claims’

“The two judgments of the Court of Appeal in Manek v IIHL Wealth (UK) Ltd and others [2021] EWCA Civ 264 and 625 provide good examples of the complexities in determining whether the English High Court has and should exercise jurisdiction to decide a case with multiple connecting factors to many countries. The Indian claimants wished […]

Aaron Taylor, ‘Civil Claims for Secret Commissions’

“The civil law’s objection to bribery and undisclosed commissions is usually said to be a concern about abuse of position by an agent for his or her personal advantage, typically to the disadvantage of his or her principal (Industries and General Mortgage Co Ltd v Lewis [1949] 2 All ER 573, 575 (Slade J); Fiona […]