Category Archives: Remedies and Procedure

Christa Laser, ‘Patent Law’s Equitable Defenses’

ABSTRACT … Setting the stage of the statutory interpretive battle, this article examines the historical and statutory bases of equitable limits on patent law, with a particular focus on the substantive equitable defenses of unclean hands and patent misuse. It contrasts the history of equitable defenses such as estoppel, which crossed fully into courts of […]

Jonathan Lee, ‘Equitable compensation and Brickenden: fiduciary loyalty and causation’

ABSTRACT This article reconsiders the causation rules of equitable compensation for breaches of non-custodial fiduciary duties. It argues that these rules should correspond with and reflect the nature of fiduciary duties. Being a compensatory remedy, correct identification of the breach and the relevant counterfactual are therefore crucial. The failure to do so has led to […]

Christina Angelopoulos, ‘Harmonising Intermediary Copyright Liability in the EU: A Summary’

ABSTRACT With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the liability of internet intermediaries for third party copyright infringement has become two-tiered: at a first stage, it is necessary to examine whether a given intermediary attracts, in its pursuit of a certain […]

‘Vicarious Liability after Barclays and Morrison – A New Direction?’ Online event, Sheffield Institute for Corporate and Commercial Law, 18 November 2020

The Supreme Court decided this April two cases dealing with important aspects of vicarious liability. WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12; and Barclays Bank v Various Claimants [2020] UKSC 13, dealing respectively with the connection and relationship tests. The seminar will evaluate the decisions by three expert panel members specialising in […]

Philippe Kuhn, ‘Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases’

ABSTRACT This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court’s decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the […]

Qiao Liu, ‘Unintended Acceptance of Repudiatory Breach and Loss of Bargain Damages’

ABSTRACT This article critically examines the proposition that an exercise of a contractual right of termination without reference to a repudiatory breach is, as a matter of legal principle, incapable of constituting an ‘acceptance’ of that breach. Following a close analysis of Phones 4U Ltd (in administration) v EE Ltd and related cases, it advocates […]

Travis Luis Pantin, ‘What Can’t Be Insured: The Policyholder’s Own Bad Acts’

ABSTRACT From its early eighteenth century beginnings, modern insurance law has been governed by what can be described as a ‘non-responsibility’ requirement: the insured cannot recover for losses that it caused through its own misbehavior. Although this principle might seem intuitive – you shouldn’t be able intentionally to burn down your own home, and then […]

‘“Informed consent” ruling threatens avalanche of PI costs refund claims’

“Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a major High Court ruling. Even if they ultimately cap their recovery, this needs to be included in the retainer too …” (more) […]

Colin Rule, ‘Online Dispute Resolution and the Future of Justice’

ABSTRACT Technology is changing the way we interact with each other, which in turn is changing the way we resolve our disputes. Every society throughout history has crafted social institutions to resolve problems fairly and consistently, and that is true also for the online society we are building on the Internet. Online dispute resolution (ODR) […]

Anne Bloom, ‘Injury and Injustice’

ABSTRACT This review examines the state of scholarship on the politics of injury law, a relatively neglected field. I argue that injury law is an important site of political contestation, particularly for social and economic minorities, that should receive much more attention from law and social science scholars. Drawing on past research from other areas […]