Category Archives: Remedies and Procedure

Tatiana Cutts, ‘Possessable Digital Assets’

ABSTRACT I respond here to questions within the Electronic Trade Documents (2021) Law Commission Consultation Paper No 254, and the Digital Assets call for evidence (2021). I make specific recommendations regarding the criteria for possession, and argue that there is a case for extending liability in conversion to some digital assets (those identified by the […]

Baker, Avraham and Sebok, ‘The Mysterious Market for Post-Settlement Litigant Finance’

ABSTRACT Litigant finance is a growing and increasingly controversial industry in which financial firms advance a plaintiff money in exchange for ownership rights in the proceeds of the legal claim on a nonrecourse basis: A plaintiff must repay the advance only if compensation is ultimately received for the legal claim. The nonrecourse nature of this […]

Burkhard Hess, ‘Reforming the Brussels Ibis Regulation: Perspectives and Prospects’

ABSTRACT According to article 79 of Regulation (EU) 1215/2012, the EU Commission shall present a report on the application of the Brussels Ibis Regulation by 11 January 2022. This paper intends to open the discussion about the present state of affairs and the necessary adjustments of the Regulation. Although there is no need to change […]

‘Amendment of German patent law: small step or giant leap for proportionality?’

“As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here, earlier Katpost here, news coverage here]. Though the amendment contains various reforms – including an effort obtain quicker validity decisions to close […]

‘Profiting Off Infringement’

Kristelia Garcia, ‘Monetizing Infringement’, 54 University of California at Davis Law Review 265 (2020). It’s hard to imagine people tolerating intentional violations of their physical autonomy, never mind seeking to monetize such behaviors. But as Kristelia García argues in her new essay, ‘Monetizing Infringement’, many copyright owners find this strategy appealing. According to copyright’s standard […]

Frosio and Bulayenko, ‘Website blocking injunctions in flux: static, dynamic and live’

“In Europe, website blocking is a popular tool to contrast online copyright and intellectual property rights (IPRs) infringement. The InfoSoc Directive and the IPR Enforcement Directive (IPRED) make available blocking injunction as a remedy to protect IPRs throughout the EU, although these measures are not implemented and applied in a uniform manner among the Member […]

Nick Friedman, ‘Corporate Liability Design for Human Rights Abuses: Individual and Entity Liability for Due Diligence’

ABSTRACT In this article, I critically review the economic theory of corporate liability design, focusing on the allocation of liability between a corporation and its individual human agents. I apply this theory to transnational commercial contexts where human rights abuses occur and assess the likely efficacy of some putative liability regimes, including regimes requiring corporations […]

Weiming Tan, ‘Unpacking The Enigma of Equitable Compensation for Breaches in Equity’

ABSTRACT Amidst the relentless commercialisation of equity, the remedy of ‘equitable compensation’ has taken centre stage in recent years. As more commercial disputes confront the courts, judges across various jurisdictions grapple with the enigma of ‘equitable compensation’ to keep it apace with the modern times. The term ‘equitable compensation’ has been used by the legal […]

Biard and Kramer, ‘The EU Directive on Representative Actions for Consumers: A Milestone or Another Missed Opportunity?’

ABSTRACT Collective redress has been on the EU civil justice agenda for a long time, and has triggered considerable debate as a result of the complexity of the matter and the hugely diverging approaches in the Member States. The 2013 Recommendation on collective redress was the result of compromises, and up until now it has […]

Rave and McGovern, ‘A Hub-and-Spoke Model of Multidistrict Litigation’

ABSTRACT Consolidating mass tort cases in federal multidistrict litigation (MDL) has been a successful strategy for efficiently managing, facilitating the maturation of, and resolving nationwide disputes. This has been particularly true for cases involving single-event mass disasters or defective products sold by a single defendant, even when thousands of plaintiffs are involved. But in ‘mega […]