Category Archives: Public policy

Antognini and Appleton, ‘Sexual Agreements’

ABSTRACT Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution – defined as an exchange of sex for money – has long been a crime, a point that courts often make in declining to enforce agreements between unmarried partners. In fact, courts routinely invalidate contracts when […]

David Capper, ‘Access to justice and the assignment of rights to litigate’

“The purpose of this article is to consider the extent to which a party with a right to sue should be entitled to assign that right to another in exchange for payment of a sum calculated by reference to the estimated value and prospects for success of the right to claim. The social context in […]

‘Could “COVIDIOT” be a trade mark in the EU?’

“The rush to file trade mark applications to capitalize on a trending term or phrase is not new. Just to mention a few recent examples, the European Union Intellectual Property Office (EUIPO) received applications relating to ‘JE SUIS CHARLIE’ in the aftermath of the Charlie Hebdo attack and ‘BLACK LIVES MATTER’ after the killing of […]

Solomon Faakye, ‘Right to Restitution under Illegal Contracts: Seeking Clarity in Ghana’

ABSTRACT The law on the availability of restitution in the context of illegal contracts is unclear. Several irreconcilable approaches have been proposed at common law in search of a solution to the question of whether or not a party to an illegal contract who has benefitted from the contract has any right to restitution. This […]

Jiang and Von Appen, ‘The New Validity Rules in Chinese Civil Code and Chinese State-owned Enterprises’ Freedom in Contracting: One Step too Far’

ABSTRACT Upon the enactment of Chinese Civil Code, the previous rules that allowed for enlarged state power to annul contracts such as General Principles of Civil Law article 58 §3 and Contract Law article 52 §1-§2 were dropped. Chinese law has gone one step further in promoting freedom of contract. The validity rules now have […]

‘Court of Appeal refuses injunction to enforce 12 month non-compete covenant’

“In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing. At first instance the Judge (Edwin Johnson J) had refused to grant an injunction only two months […]

‘Judge Refuses To Strike Out Action On The Basis Of “Illegality”: The Claimant Was Not Capable Of Committing “Criminal” Acts’

“For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2022] EWHC 1213 (QB) Mr Justice Garnham refused to strike out a case where the defendant alleged illegality. The claimant had been […]

Francisco José Infante Ruiz and Francisco Oliva Blázquez, ‘Contracts contrary to fundamental principles and mandatory rules of European Contract Law’

ABSTRACT All the legal systems in Europe address the regulation of the so-called ‘illegal’ or ‘illicit contracts’, which are sanctioned with some type of invalidation. However, they deal with this issue by means of very different instruments, institutions, and legislative techniques, like the ‘illegal contractual cause’, the contrariness to public morality (gute Sitten) or, among […]

Janek Tomasz Nowak, ‘Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles?’

ABSTRACT The paper analysis to which extent the public policy exception from the Brussels Ibis Regulation may limit the effectiveness of cross-border collective redress in Europe. Nowak, Janek Tomasz, Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? (2020) in The 50th Anniversary of the European Law of Civil Procedure, […]

Joanna Langille, ‘Frontiers of legality: Understanding the public policy exception in choice of law’

ABSTRACT The public policy exception is a notorious part of choice of law doctrine. The exception allows courts to refuse to apply foreign law selected by first-order choice of law rules that violates the forum’s fundamental principles of morality and justice. As a doctrinal matter, public policy is a well-established part of the architecture of […]