Category Archives: Tort

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 […]

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 […]

Phillip Morgan, ‘Vicarious Liability and the Beautiful Game – Liability for Professional and Amateur Footballers?’

ABSTRACT Vicarious liability has a greater reach within both professional and amateur football than previously thought. The newly-expanded doctrine has opened up vicarious liability for amateur players, and within grassroots teams. A greater range of torts may also now trigger vicarious liability, such as acts of on and off-pitch violence. The Football Association will need […]

Dillbary, Metcalf and Stoddard, ‘Incentivized Torts: An Empirical Analysis’

ABSTRACT Courts and scholars assume that group causation theories (eg, concerted action) deter wrongdoers. This article empirically tests, and rejects, this assumption, using a series of incentivized laboratory experiments. Contrary to common belief, data from over 200 subjects shows that group liability can encourage tortious behavior and incentivize individuals to act with as many tortfeasors […]

Martha Chamallas, ‘Race and Tort Law’

ABSTRACT Although Richard Delgado published the first critique of tort law from a critical race perspective in 1982, the role of race remains undertheorized in torts scholarship and torts theory, taking a back seat to the dominant approaches that rarely mention race or other social identities. This leave the misimpression that tort law is race-neutral […]

Sevilleja v Marex: Reflective Loss Restated’

“The Supreme Court’s decision in Sevilleja v Marex Financial Ltd, 15 July 2020, fundamentally restates the doctrine of reflective loss in company law so that: A claim by a company’s creditor against a third party will not be barred where it reflects loss suffered by the company, even if the creditor is also a shareholder; […]

Lawrence Kessler, ‘Alternative Liability in Litigation Malpractice Actions: Eradicating the Last Resort of Scoundrels’

ABSTRACT The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from […]

Barclays Bank plc v Various Claimants: further blurring boundaries in employment status?’

“In a judgment handed down on 1 April 2020, the Supreme Court reversed the decisions of Nicola Davies J (as she then was) and a unanimous Court of Appeal, allowing the appeal on the ground that no vicarious liability can lie for the acts of an independent contractor: Barclays Bank plc v Various Claimants (‘Barclays’). […]

Dov Fox, ‘Birth Rights and Wrongs: Reply to Critics’

ABSTRACT Advances in medicine and technology promise to deliver us from the vagaries of the genetic lottery. But the pandemic hasn’t spared reproductive freedom. School closures and clinic restrictions make birth control and fertility treatment harder to get, while new regulations put abortion, surrogacy, and genetic testing out of reach for many in need. My […]