Category Archives: Remedies and Procedure
Joseph Lee, ‘Religious Institutions and Personal Injury Compensation Claims for Abuse: The Noteworthy Significance of Insurance’
ABSTRACT Many churches, religious schools, and care institutions have apologised for historical child sexual abuse and committed themselves to reparation and safeguarding. However, recent changes to legislation have resulted in a deluge of tort law claims, civil litigation, and work for lawyers. Religious leaders and devotees today bear the financial burdens of compensating for historical […]
Michael Conklin, ‘Benchmarked for Arbitration: Work Avoidance as an Explanation for Why Judges Have Become Increasingly Favorable Toward Compelled Arbitration’
ABSTRACT The clear trajectory over the last 100 years has been for judges to become increasingly more favorable toward sending disputes to compelled arbitration and enforcing arbitration awards. This results in a modern widespread proliferation of compelled arbitration that has become increasingly controversial. Some have alleged that the steady trend toward courts favoring compelled arbitration […]
Ronald Brand, ‘The Law(s) of the Arbitration Agreement’
ABSTRACT A recent study by the Law Commission of England and Wales has resulted in proposed amendments to the Arbitration Act 1996 that include a default rule that an arbitration agreement will be governed by the law of England and Wales if the arbitration is seated in that territory. Given the importance of London as […]
Anthony Sangiuliano, ‘Paediatricians’ Liability to Patients’ Parents for Negligent Genetic Testing’
ABSTRACT The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of this duty if, in […]
Megalla and others, ‘A Comprehensive Analysis of Malpractice Claims Following Management of Hip Fractures’
ABSTRACT Background: Hip fractures are highly prevalent and associated with significant morbidity and mortality. As a result, orthopedic surgeons treating these patients may find themselves subject to malpractice claims. Therefore, this study aimed to provide a comprehensive analysis of malpractice claims related to hip fractures. Materials and Methods: The Westlaw legal database was queried for […]
Laster and Bernlohr Maizel, ‘Discovery as a Compliance Problem’
ABSTRACT Discovery in a commercial case can become a quagmire. Lawyers have an ethical obligation to advance their clients’ interests, and for litigators, the prevailing conceptual model is zealous advocacy. A lawyer’s personal incentives align with that conceptual model, because lawyers benefit by going the extra mile to please a client, to justify a fee, […]
Borg-Barthet and Farrington, ‘The EU’s Anti-SLAPP Directive: A Partial Victory for Rule of Law Advocacy in Europe’
ABSTRACT Strategic Lawsuits Against Public Participation or SLAPPs are abusive lawsuits which have the purpose or effect of suppressing public participation. This Article considers the peculiarities of this form of ‘strategic litigation’ and takes stock of developments in the European Union to combat SLAPPs, noting that while the adoption of an Anti-SLAPP Directive represents an […]
Thomas Riis, ‘A model of “rough justice” for internet intermediaries from the perspective of EU copyright law’
ABSTRACT Internet intermediaries’ content moderation raises two major problems. The first relates to the accuracy of the moderation practices, which is an issue on whether the intermediaries over-enforce or under-enforce. The second problem concerns the inherent privatization of justice that results when enforcement of rights is left to a private party. The purpose of the […]
Ana Mercedes Lopez Rodriguez, ‘Class Action in the EU: Lessons From Mixed Jurisdictions’
ABSTRACT Class actions enable consumers to take collective action against wrongdoing by businesses, which individual consumers may not find affordable or worthwhile. One of the drivers of the success of class actions has been the availability of funding to litigants. Along with these benefits come risks of abuse of the legal process. This article discusses […]
Muzainy Shahiefisally, ‘Bringing Coherence To The Law: The Internal Basis For Vicarious Liability’
ABSTRACT This article contends that the current bases for imposing vicarious liability are incoherent and suggests further that the external approach to vicarious liability is untenable. In its place, this article suggests that the tools necessary to develop a coherent principle for the imposition of vicarious liability are already immanent in the structure of the […]