Monthly Archives: April, 2021

‘The Ola and Uber judgments: for the first time a court recognises a GDPR right to an explanation for algorithmic decision-making’

“In March 2021, the Amsterdam District Court decided in two cases regarding Uber (‘Uber employment’ and ‘Uber deactivation’ cases), and one case regarding Ola (see also the unofficial English translations of the judgments). Ola offers a service that’s comparable to Uber. Both companies offer an app that links (taxi) drivers to passengers. In the Ola […]

‘Limitation as a matter for the applicable law: latest decision’

“In cross-border litigation, the Rome II Regulation – which still applies in the UK, although now as ‘retained EU law’ – provides that the applicable law shall govern matters such as liability and quantum as well as ‘the manner in which an obligation may be extinguished and rules of prescription and limitation, including rules relating […]

‘Bereavement Damages In The “Dis-United” Kingdom: The “Postcode Lottery” Following A Fatal Accident’

“The Association of Personal Injury lawyers made a presentation yesterday in relation to re-consideration of the law relating to bereavement damages in the UK. It point, in particular, to the differences between the law in England, Wales and Northern Ireland compared to Scotland …” (mp4 presentation) [ Gordon Exall, Civil Litigation Brief, 29 April]

Angel Oquendo, ‘Justice for All: Certifying Global Class Actions’

ABSTRACT A federal court should approach the presence of foreigners in a global class-action for monetary relief with an open mind. It should keep them in so long as it can conclude, upon a reflective comparative law analysis, that the judiciary in their nation of origin would uphold the ultimate ruling. For example, Latin American […]

Tomlinson-Blake in the Supreme Court’

“The Supreme Court decision in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and Another (T/A Clifton House Residential Home) [2021] UKSC 8 (‘Mencap’) can only be described as a bitter blow to low paid, hard-working care workers who have been at the forefront of the most essential work during the ongoing global pandemic. […]

‘Case Preview: Lloyd v Google LLC

“In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (‘Google’) breached its duties as a data controller to over 4m Apple iPhone users during a period of some […]

‘The DSM Copyright Directive: Article 15: Why and Why Not?’

“… The blog comes in two parts. Part 1 evaluates some of the reasons set out in the recitals for the passing of this provision, relevant not only to understand and thereby interpret the EU Directive, but also because of on-going discussions outside the EU about legal interventions intended to bring about a similar effect […]

Duncan Wallace, ‘The Social Construction Theory of the Corporation’

ABSTRACT A corporation is an artificial creation of the law, said the Lords in the famous 1896 UK case, Salomon v Salomon. This idea of the corporation, however, leads to some strange results. In this paper, I demonstrate two such strange results: the zero-liability unincorporated association and the limited liability incorporated individual. I then give […]

Stephen Bogle, ‘Private Law Theory and the Past’

ABSTRACT Private law theory plays a role (for better or worse) in the practice of law, whether that be in education or providing criticism, or contextualizing within a broader frame what private law does and why it does what it does. Yet some say that private law theory neglects history while others say that it […]

‘The Future of Fiduciary Law’: special number of William and Mary Law Review

The Authority of International Refugee Law (Evan J Criddle and Evan Fox-Decent) The Domains of Loyalty: Relationships Between Fiduciary Obligation and Intrinsic Motivation (Deborah A DeMott) Pernicious Loyalty (Andrew S Gold) On Trust: The UN Security Council as Fiduciary (Devika Hovell) Fiduciary Law and the Law of Public Office (Ethan J Leib and Andrew Kent) […]