Monthly Archives: February, 2022

Nicholas Sinanis, ‘Aggravation in Tort Before 1763’

ABSTRACT According to a well-settled narrative, modern exemplary (or punitive) damages were first awarded in 1763 in two famous tort cases that arose from the publication of the controversial forty-fifth issue of the North Briton newspaper. Before these cases were decided, English juries only ever increased damages in aggravated tort cases to further compensate plaintiffs […]

Stavroula Karapapa, Review of Art and Modern Copyright: The Contested Image by Elena Cooper

“Art and Modern Copyright: The Contested Image is part of the Cambridge Intellectual Property and Information Law series, which was inaugurated in 1999 with the publication of The Making of Intellectual Property Law by Brad Sherman and Lionel Bently. Art and Modern Copyright: The Contested Image fills a gap in the historical research on the […]

‘Adverse Possession: Wu Yim Chung v Lo Wai Ching

“In Wu Yim Chung v Lo Wai Ching ([2022] HKCA 100) Wu Yim Chung (‘the plaintiff’) argued that he had defeated the defendants’ title to land in Sai Kung through the doctrine of adverse possession. The plaintiff was the original owner of the land. He sold it to the defendants’ predecessors in title but retained […]

Zhang and Morley, ‘The Modern State and the Rise of the Business Corporation’

ABSTRACT This article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. A typical business corporation pools together a large number of strangers to share ownership of residual claims in a single enterprise with guarantees of asset partitioning. We show that this arrangement requires the […]

Hugh Collins, Review of The Future of the Employment Contract by Douglas Brodie

“In this thought-provoking book, Douglas Brodie speculates on the possible implications and future evolution of recent judicial developments of the common law of contract for the contract of employment. He mainly relies on the case law of England and Wales and Canada, with some other references to Scotland, Australia and the USA. At the core […]

Geoffrey Vos, ‘Launch of Smarter Contracts report’

“Good afternoon to everyone here at the View and those joining online. This is the launch of the third major project undertaken by the UK Jurisdiction Taskforce. The first two have already paid dividends. In November 2019, the UKJT published its Legal Statement on the status of Cryptoassets and Smart Contracts under English law. The […]

Gary Myers, ‘Muddy Waters: Fair Use Implications of Google LLC v Oracle America, Inc

ABSTRACT The United States Supreme Court ruling in Google LLC v Oracle America, Inc ended a long-running dispute between two giant technology companies. The case, which first began in 2010, has received considerable attention and commentary with regard to the scope of copyright protection for software and then about the contours of the fair use […]

Amelia Thorpe, ‘Property and Planning’

ABSTRACT The connection between property and planning is intimate, but also uneasy. Literature linking the two is largely critical, highlighting the undesirable influence of private property on planning and its public goals. While planning tends to be presented as weaker – a process too often co-opted by powerful proprietors, exacerbating the social and ecological injustices […]

‘Out Now: Scraback on the Principle of Concentration of Conflicts in the Brussels Ia Regulation’

“Bianca Scrabak has recently published an innovative book on international jurisdiction in contract and tort under the Brussels Ia Regulation, in which she develops a comprehensive solution for cases in which Article 7(1) and 7(2) vest special jurisdiction in the courts of more than one Member State. The different solutions adopted by the CJEU to […]

Rebecca Fry, ‘The school that moved: when does land cease to be used for charitable purposes?’

ABSTRACT In Rittson-Thomas v Oxfordshire County Council [2021] UKSC 13 the Supreme Court held that school sites conveyed under the School Sites Act 1841 can be sold with vacant possession, provided the trustees have a clear intention to use the sale proceeds to buy or improve replacement school premises. The Court’s ‘broad and practical’ approach […]