Category Archives: Public policy

Desmond Ryan, ‘Restating Restraint of Trade: The Implications of the Supreme Court’s Judgment in Tillman v Egon Zehnder Ltd

INTRODUCTION In its landmark judgment in Tillman v Egon Zehnder Ltd, the UK Supreme Court has delivered detailed guidance on the law relating to the enforceability of restrictive covenants in employment contracts. This is the first judgment on this subject in the history of the Court, and indeed in the history of the judgments of […]

Bezemek and Dumbrovsky, ‘The Concept of Public Interest’

ABSTRACT Public interest, in the words of Felix Frankfurter, is a ‘vague, impalpable but all-controlling consideration’. It carries legitimacy and justifies coercion; and it has done so ever since: ‘Salus populi suprema lex esto’ rings as maxim from Cicero’s De Legibus to Locke’s Two Treatises and beyond. Its vagueness, combined with its extensive range, entails […]

‘Third Circuit issues opinion on whether a prosecutor can be sued for conduct that resulted in wrongful conviction’

“Prosecutors are usually protected from possible civil liability because they can claim immunity. However, immunity only applies to their conduct as litigators, not as investigators and defining the line between one and the other is a matter of much debate. There are many cases out there that discuss the issue and now the Court of […]

‘Void the police contracts’

“Police unions all over the United States have negotiated contracts that protect officers from discipline for misconduct. The result is that, so long as these deals are in force, cities are stuck with officers who are uncontrollably reckless and violent. But a body of forgotten law from the 19th century shows that states can free […]

‘Advocate General Sharpston’s opinion on the lawfulness of “defeat devices” in diesel motor vehicles (Case C-693/18, CLCV and Others)’

“On 30 April 2020, Advocate General (AG) Sharpston delivered her opinion in the case of CLCV and Others (C-693/18). The case concerns the permissibility of so-called ‘defeat devices’ that reduce the effectiveness of emission control systems in motor vehicles. It is the first diesel emissions case to be decided by the CJEU, almost five years […]

James Fisher, ‘The “one man company” after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets

ABSTRACT This note discusses the UK Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets in the context of other recent decisions on corporate attribution and the illegality principle in English law. It particularly considers Daiwa’s implications for the relationship between the illegality doctrine and other legal principles in the wake of Patel v […]

Zhong Xing Tan, ‘Illegality and the promise of universality’

ABSTRACT Reviews the universal ‘range of factors’ approach towards the illegality doctrine in Patel v Mirza (SC) and whether it has been followed in subsequent cases. Examines its application in the context of contract law and performance, tortious claims, unjust enrichment and cases involving property and trusts. Evaluates claims that the approach is inconsistent, is […]

Jane Thomson, ‘Discrimination and the Private Law in Canada: Reflections on Spence v BMO Trust Co

ABSTRACT Discrimination has long been identified as detrimental to the basic functioning of multicultural countries like Canada. While governments have adopted constitutional law and passed human rights legislation to combat and control discrimination, these laws are inapplicable to a significant portion of Canadian law. Areas of private law, such as wills and trusts are therefore […]

Alexandra Lahav, ‘Chancy Causation in Tort’

ABSTRACT This Essay demonstrates that the causation inquiry in tort law, at least where causation is chancy, is largely a normative inquiry. Chancy causation is where the cause of an event can only be attributed probabilistically. Contrary to the understanding popular in both tort theory and doctrine, scientific fact plays only a minimal role in […]

Hoffman and Hwang, ‘The Social Cost of Contract’

ABSTRACT When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks? During the COVID-19 pandemic, completing particular contracts – such as following through with weddings, conferences, and other large gatherings – will greatly increase the risk of rapidly spreading disease. A close reading of […]