Monthly Archives: November, 2018

‘Recoverability of CFA success fees in defamation and privacy claims to be abolished (but ATE to remain for now)’

“The government has announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims. The Ministerial Statement made by David Gauke the Lord Chancellor and Justice Secretary can be found here. CFAs – colloquially known as ‘no win, no fee’ agreements – […]

‘Corporate Crime Reporter Reviews Sheley on Vicarious Liability’

“CCR has an interesting piece on Erin Sheley’s ‘Tort Answers to the Problem of Criminal Mens Rea’, including an interview with the author. The abstract to the article provides: ‘The respondeat superior (vicarious liability) standard by which courts hold corporations liable for the crimes of their employees has been widely criticized as being overly inclusive […]

Call for Papers: Modern Studies in the Law of Trusts and Wealth Management: Supreme Court, Singapore, 1-2 August 2019

The theme of the conference is ‘Asian Wealth and the Global Context’. Like its predecessors, the conference will focus on current developments and challenges facing trust law and wealth management in the contemporary political climate, with particular emphasis on the issues raised by the growth of Asian wealth, and the global context in which that […]

Simon Connell, ‘Justice for Victims of Injury: The Influence of New Zealand’s Accident Compensation Scheme on the Civil and Criminal Law’

Abstract New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a no-fault redistributive scheme. The central thesis of this article is that the scheme, and its influence on the civil and criminal law in New Zealand, can be better understood in terms of the interplay between corrective, retributive and distributive justice. The […]

Just published: The Impact of Equity and Restitution in Commerce (Devonshire and Havelock eds)

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the […]

Just Published: Conceptualising Property Law: Integrating Common Law and Civil Law Traditions by Yaell Emerich

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaell Emerich aims to dispel the myth that comparison between these two systems of property is impossible. […]

Irina Domurath, ‘Platforms as contract partners: Uber and beyond’

Abstract This article analyses the recent case law concerning Uber and other platforms. Its main objective is to examine the question of whether and under what conditions platforms can be considered the contract partners of the individuals who seek goods and services through the platform’s infrastructure. In a first step, the criteria employed by the […]

‘Copyright and the Single Work’

Amy Adler, Why Art Does Not Need Copyright, 86 George Washington Law Review 313 (2018). A photograph taken by Walker Evans is worth more – both in the market and in the eyes of critics – than a virtually identical photograph taken by an unknown artist, just as a handbag bearing the name Prada is […]

Brenda Hale, ‘Should the Law Lords have left the House of Lords?’

“Until 2009, the top court in the UK was a committee of the House of Lords. Its judges were the Lord Chancellor, other peers who had held high judicial office and the Lords of Appeal in Ordinary, the first life peers, appointed under the Appellate Jurisdiction Act 1876. The Law Lords did not join the procession of […]

Allan Beever, ‘Tort Law and The Tort System: From Vindictiveness to Vindication’

Conclusion “… In the presence of alternative mechanisms for ensuring compensation, it is possible then to imagine a tort law in which the concept of vindication was to the fore, and compensation was minimised or even forgotten, or left to more effective and just means. That would remain a system of tort law consistent with […]