Monthly Archives: July, 2020

Rosemary Langford, ‘Conflicts and Coherence in the Charities Sphere: Would A Conflict by Any Other Name Proscribe the Same?’

ABSTRACT Proscriptions on conflicts of interest have long been a core component of governance regimes. In the charities sphere such proscriptions arise from a number of sources, including general law, statute and governance standards articulated by the regulator. Unfortunately the wording of relevant conflicts duties varies extensively, giving rise to acute incoherence and uncertainty. This […]

Dagan and Zipursky, ‘The Distinction Between Private Law and Public Law’

ABSTRACT Twentieth Century legal theorists – especially the American legal realists – provided vigorous critiques of the putative distinction between private law and public law, persuading jurists that the distinction relied upon legal formalism. In the latter third of the Twentieth Century, the law and economics school constituted a focused and dominant version of the […]

‘Court of Appeal warns against “overstretching” the concept of personal data’

“The Irish Court of Appeal has held that while the definition of ‘personal data’ is very broad, to interpret a document as constituting personal data for the sole reason that it was generated as a result of a complaint made by the data subject, would be to ‘overstretch’ the concept of personal data. In a […]

Séverine Dusollier, ‘The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition’

ABSTRACT After four years of fierce debate, the Directive on Copyright in the Digital Single Market was finally adopted in April 2019. The legislative text aims at adapting copyright to the digital world, remedying some gaps and uncompensated uses of works and other subject matter, and enhancing some valuable uses through new or reaffirmed exceptions. […]

Manuel Penades Fons, ‘The effectiveness of EU law and private arbitration’

ABSTRACT This article examines the impact of the principle of effectiveness of EU law on private arbitration. It uses the frame of post-award litigation to demonstrate that the relationship between these two normative orders is transversal and potentially very disruptive. This is evidenced by the alteration of the burden of proof in post-award actions, the […]

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 […]

‘Crowdfunding and the Protection of Trust – Fundamentals and Comparative Law Considerations’

“In my latest research contribution, I analyse the regulatory framework of crowdfunding in Switzerland, the UK and the USA. After describing crowdfunding and its potential as an alternative means to finance private consumption and small businesses, the article turns to economic analysis of the underlying issues of a generic unregulated crowdfunding market. It concludes that, […]

Yiming Sun, ‘The Golden Share: Attaching Fiduciary Duties to Bankruptcy Veto Rights’

ABSTRACT Under bankruptcy law, a debtor cannot enter into a binding agreement with a creditor to not file for bankruptcy in the future. However, creditors can in effect prevent a corporate debtor from filing for bankruptcy by obtaining a special ‘golden share’ in the debtor and exercising the right to veto its bankruptcy concomitant with […]

Dumitru and Tomescu, ‘European Consumer Law in the Digital Single Market’

ABSTRACT In the context of current pandemic crisis due, social distancing and quarantine measures were imposed by states due to the high risk of infection by going out of the house for buying the goods and services that are required. Naturally, there has been an increase in online acquisitions, use of online entertainment and online […]

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’). […]