Monthly Archives: March, 2021

Steve Hedley, ‘Restitution and Car Crashes: A Simple Case of Mistake’

“Has the law of restitution and unjust enrichment become too elaborate and technical, too complicated to be useful in the general run of cases? Perhaps it has. For the past 40 years, the dynamo of doctrinal development has been the big public law disputes: first the ‘swaps’ cases, then a succession of issues over taxes […]

Marcus Teo, ‘Foreign Law Illegality: Patel’s New Frontier?’

“As Patel v Mirza [2016] UKSC 42, [2017] AC 467 continues to revolutionise the law on illegality, the question arises whether its range-of-factors test will project its influence over more decidedly ‘foreign’ terrain: foreign law illegality, or illegality under a law other than the lex contractus. Foreign law illegality disputes have typically centred around the […]

William Day, ‘Remoteness In Contract Damages’

“Contract breakers do not have to compensate their counterparties for all losses caused by their breach of contract. Some losses are too remote. In Hadley v Baxendale (1854) 9 Ex 341, 355, Alderson B held that the only types of loss that were recoverable were ‘those arising naturally or ordinarily from the breach’ and those […]

Chris Hunt, ‘Unconscionability In The Supreme Court Of Canada: Uber Technologies Inc v Heller

“The Canadian doctrine of unconscionability is notoriously uncertain. Until its decision in Uber Technologies Inc v Heller, 2020 S.C.C. 16 (‘Heller’), the Supreme Court of Canada had not pronounced authoritatively on the subject, leaving lower courts to develop a variety of different framework tests that operate inconsistently across the country (see C Hunt, ‘Unconscionability Three […]

Julius Grower, ‘What Does It Mean To Be A Fiduciary?’

“In Lehtimäki v Cooper [2020] UKSC 33, the Supreme Court applied a hitherto unauthoritative test for when ad hoc fiduciary relationships arise. It also suggested that the scope of fiduciary obligations is wider than previously established. When their marriage collapsed, the co-founders of the Children’s Investment Fund Foundation (UK) (‘CIFF’) – Sir Christopher Hohn and […]

Sinéad Agnew, ‘The reservation of powers by settlors: intention and illusion’

“In Webb v Webb [2020] UKPC 22, the Privy Council held inter alia that the reservation of powers by the settlor of two discretionary trusts was so extensive that the trusts were invalid. In matrimonial proceedings in the Cook Islands, Mrs Webb had contended that the Arorangi Trust and the Webb Family Trust, both of […]

Zalnieriute and Churches, ‘Rejecting the Transatlantic Outsourcing of Data Protection in the Face of Unrestrained Surveillance’

“In Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (‘Schrems II‘) (EU:C:2020:559) the EU judicature was requested by the High Court of Ireland, to ascertain the validity of previous decisions for transfers of personal data by Facebook from the EU to the US under the Data Protection Directive (replaced by General […]

NA Moreham, ‘Privacy and Police Investigations: ZXC v Bloomberg

“The Court of Appeal’s conclusion in ZXC v Bloomberg [2020] EWCA Civ 611 that people have a reasonable expectation of privacy in respect of the fact and details of a police investigation into their conduct raises important questions about both the scope of the misuse of private information tort and its relationship with defamation and […]

‘Prescriptive easements: deciding on whether user was as of right’

“In Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) the court had to consider a claim to have acquired by prescription a right to park in a particular place in a private street by a person (Cousins) who had a house in the street. It mattered because Poste Hotels had a right of way […]

‘Book Review: Copinger and Skone James on Copyright’

“Copinger and Skone on Copyright is now in its eighteenth edition, authored this time by Gwilym Harbottle; Nicholas Caddick QC; Professor Uma Suthersanen, together with a list of consulting and specialist editors. The hardback version of this edition comes in two volumes. Volume One consists of 29 chapters on copyright, organised into 8 parts. Chapter […]