Monthly Archives: July, 2021

Jeffrey Lipshaw, ‘Between Rights and Rites: The Ironies of Crisis and Contract’

ABSTRACT This is a contribution to the Law and Contemporary Problems symposium issue, ‘Contract in Crisis’, reflecting on contract law and the COVID-19 pandemic. Is the institution of contract law in crisis? Contract and other rights are an institution of the Gesellschaft, the sociologist Ferdinand Tönnies’s metaphor for modern society. There entitlements reify in abstract […]

‘Important new High Court judgment on data breach litigation’

“The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums. The case concerned a low-value claim brought against Dixons Carphone (‘DSG’) in relation […]

Tatiana Cutts, ‘Possessable Digital Assets’

ABSTRACT I respond here to questions within the Electronic Trade Documents (2021) Law Commission Consultation Paper No 254, and the Digital Assets call for evidence (2021). I make specific recommendations regarding the criteria for possession, and argue that there is a case for extending liability in conversion to some digital assets (those identified by the […]

Baker, Avraham and Sebok, ‘The Mysterious Market for Post-Settlement Litigant Finance’

ABSTRACT Litigant finance is a growing and increasingly controversial industry in which financial firms advance a plaintiff money in exchange for ownership rights in the proceeds of the legal claim on a nonrecourse basis: A plaintiff must repay the advance only if compensation is ultimately received for the legal claim. The nonrecourse nature of this […]

Burkhard Hess, ‘Reforming the Brussels Ibis Regulation: Perspectives and Prospects’

ABSTRACT According to article 79 of Regulation (EU) 1215/2012, the EU Commission shall present a report on the application of the Brussels Ibis Regulation by 11 January 2022. This paper intends to open the discussion about the present state of affairs and the necessary adjustments of the Regulation. Although there is no need to change […]

‘New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34’

“The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (‘the Regulations’) …” (more) [UK Supreme Court Blog, 30 […]

‘What’s happening with proposals for a WTO waiver of COVID-related IP?’

“If COVID-19 were a pandemic movie, we’d be very close to the end since we’ve identified several excellent vaccines; the conventional biomedical innovation narrative often ends with the product being fully developed. But we’ve still got a long way to go with COVID-19, and the biggest challenge is getting the vaccines to billions more people […]

‘Taking Governments to Court: Climate Litigation and its Consequences’

“The volume of climate cases brought against national governments is on the rise. In many such cases, courts have found in favour of those endeavouring to force states to radically improve on commitments to tackle the effects, and limit the extent, of anthropogenic climate change. Climate policymaking is not a matter for the judiciary, but […]

‘Amendment of German patent law: small step or giant leap for proportionality?’

“As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here, earlier Katpost here, news coverage here]. Though the amendment contains various reforms – including an effort obtain quicker validity decisions to close […]

‘The moral hazard of limited liability’

“Moral hazard occurs when the ‘costs’ of a bad outcome of a (predictable) risk fall, in part or in whole, on someone other than those taking the risk, while at the same time benefiting from good outcomes. If the probabilities of that risk can be ascertained in advance, then, in principle, the risks can be […]