Category Archives: Remedies and Procedure

‘Towards a Unified Theory of ADR’

Andrew B Mamo, Three Ways of Looking at Dispute Resolution, 54 Wake Forest Law Review 1399 (2019), available at SSRN. Advocates of alternative dispute resolution (ADR) often talk about the ‘ADR Movement’ as if it were … well … an actual movement. We know what the phrase means, or at least we think we do. […]

Mazin Ezzeldin, ‘Adequacy and Foreseeability of the Financial Damage Analysis in International Arbitration’

ABSTRACT The financial damage analysis has always been problematic in the world of international dispute resolution, this issue is one of the most intricate questions in arbitration, and it became more sophisticated during the era of COVID-19, and will continue to be even after this pandemic is over. And this explains why the arbitrators usually […]

Berry v CCL Secure Ltd

“The High Court has unanimously allowed an appeal against part of a judgment of the Full Federal Court of Australia, holding that in a case where a defendant had terminated an agreement by deceptive means, the balance of probabilities showed that the defendant would not have used lawful means. The burden of proof thus shifted […]

Marex Financial Ltd v Sevilleja: Some Commentary in Response to Paul Davies’s Blog Contribution’

“Paul L Davies’s blog piece on Marex Financial Ltd v Sevilleja [2020] UKSC 31; [2020] 3 WLR 255, concerned with the intractable topic of ‘reflective loss’ claims is, with respect, a model of clarity. He favours the majority view in that case, found in the judgments of Lord Reed and Lord Hodge, namely that where […]

Maggie Hemsworth, ‘Part VI of the Road Traffic Act 1988: fit for purpose? A view of sections 151-152 Road Traffic Act 1988 in the light of Cameron v Liverpool Victoria Insurance

ABSTRACT Considers whether the Road Traffic Act 1988 Pt VI on motor vehicle insurance is no longer fit for purpose. Reviews the existing regime under UK and EU law, the shortcomings of UK provisions on insurers’ liabilities under ss 151 and 152 of the Act, and the procedural problems highlighted by Cameron v Liverpool Victoria […]

Tamara Buckwold, ‘The Conceptual Structure of Commercial Law’

ABSTRACT This article argues that commercial law is not merely a collection of rules, but a doctrinally coherent and conceptually sophisticated body of law structured through conceptions of property. The analysis focuses specifically on the aspects of commercial law that govern recovery of debt. The argument advances two related themes; that commercial law is built […]

Phillip Morgan, ‘Judgment-Proofing Voluntary Sector Organisations from Liability in Tort’

ABSTRACT Voluntary sector organisations (VSOs) may use ordinary principles of law to protect themselves from tort liabilities by rendering themselves judgment-proof. There are two viable judgment-proofing systems available to VSOs: (1) charitable purpose trusts, and (2) group structures. Whilst these systems are not fool-proof, they offer significant protection from tort liabilities. However, judgment-proofing may come […]

‘Reflecting on Sevilleja v Marex Financial

“Assume that a person (P) has a claim against another (D) for a loss suffered as a result of a breach of duty owed by D to P. Assume further that a company (Co) has a claim against D for loss suffered by Co as a result of a breach of separate duty owed by […]

Metcalf, Satterthwaite, Dillbary and Stoddard, ‘Is a Fine Still a Price? Replication as Robustness in Empirical Legal Studies’

ABSTRACT Can fines lead to more of an undesirable behavior, rather than deterring it? This was the surprising finding in Uri Gneezy and Aldo Rustichini, ‘A Fine is a Price’ published in the Journal of Legal Studies in 2000. In this field experiment at Israeli daycares, the introduction of fines caused an increase in late […]

Choi and Spier, ‘The Economics of Class Action Waivers’

ABSTRACT Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and three recent US Supreme Court cases, Concepcion, Italian Colors, and Epic Systems, have endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests […]