Category Archives: Remedies and Procedure
Vargzhese George Thekkel, ‘The No Reflective Loss Principle Is Not An Old-Fashioned Corporate Law Relic’
ABSTRACT Shareholders are not allowed to bring actions for damages due to a fall in share value or loss of dividend, which are ‘reflective’ of their company’s loss. Later, this principle also found its application to ‘reflective’ losses of employees and creditors. The Supreme Court, however, in Marex Financial v Sevilleja, unanimously held that the […]
Naivi Chikoc Barreda, ‘Jurisdiction over cross-border employment contracts in Canada and its implication for teleworking’
ABSTRACT The expansion of various forms of remote work has become a reality worldwide. This trend raises the question of whether the current regime of territorial competence in cross-border employment litigation adequately addresses the challenges arising from digitalization of work in the global market. This chapter examines the Canadian Private International Law rules on jurisdiction […]
Taorui Guan, ‘Collaborative Protection of Intellectual Property’
ABSTRACT What constitutes the optimal approach to intellectual property (‘IP’) protection? The mainstream method, prevalent in many countries, including the United States, is a court-centric model. In contrast, in response to heightened international innovation competition, China adopted an expansive collaborative protection model. This groundbreaking approach extends beyond governmental bodies, such as courts and administrative agencies, […]
Jessica Kiser, ‘Of Marks and Markets: An Empirical Study of Trademark Litigation’
ABSTRACT Trademarks are increasingly valuable assets, and some companies aggressively enforce and protect these assets. Such aggressive tactics can harm small businesses and chill creativity and speech, but trademark owners are routinely told that the law requires them to stop all similar third-party trademark usage or risk abandonment of their rights. While prior scholarship has […]
Roberts and Rendleman, ‘Doug Laycock and Creativity in Restitution – The Henrietta Lacks Litigation as a Test Case’
ABSTRACT This Article explores the Henrietta Lacks litigation as a test case for Professor Laycock’s writings and theories on the law of unjust enrichment and restitution remedies. A series of modern lawsuits brought by the Lacks Estate allege that defendant companies continue to make unjust profits with knowledge of the unsavory provenance of the Henrietta […]
Mant, Newman and Cooke, ‘Lived realities of legal aid: austerity, the pandemic and beyond’
ABSTRACT This paper examines the intersecting impacts of austerity policies and the Covid-19 pandemic on the legal aid sector in England and Wales, emphasising their combined implications for professional practices and identities. Legal aid lawyers play a crucial role in upholding social justice and supporting marginalised communities, yet decades of cost-saving measures, epitomised by the […]
Steele and Swaffer, ‘“The Compensation is Changing the Future”: A Reparative Approach to Redressing Human Rights Violations Experienced by People Living with Dementia in Long Term Care’
ABSTRACT This article presents findings of an empirical study of community perspectives on redressing human rights violations experienced by people with dementia in long term care institutions (LTC institutions). Research participants – including people with dementia – expressed strong preference for a redress approach providing recognition and validation of individuals’ experiences of harm, affirming humanity […]
Rockett, Fenwick and Jurcys, ‘Fashion 4.0 and emerging designers: leveraging data and AI to drive creativity, innovation and compliance in global supply chain regulation’
ABSTRACT This paper presents three interrelated arguments concerning the fashion industry and regulation. First, we propose that Bertola’s and Teunissen’s concept of Fashion 4.0 offers a powerful framework for understanding the organization of global fashion today. This model emphasizes the dynamic, decentralized and technology-driven character of the ‘smart factories’, ‘smart networks’ and ‘smart products’ that […]
Maya Steinitz, ‘Zombie Litigation: Claim Aggregation, Litigant Autonomy and Funders’ Intermeddling’
ABSTRACT The main debate surrounding litigation funding in recent years has focused on the question of disclosure of funding agreements. While the issue is important, predominantly because of its effects on the course and outcome of individual cases, far more important are bigger, interrelated questions which have systemic effects on the civil justice system, the […]
Charles Brower, ‘Neglected, Perplexing, Unpredictable: Remedies in International Commercial Arbitration’
ABSTRACT People often treat awards as the focal point of international commercial arbitration. But awards are not the focal point; remedies are. Yet remedies remain an undertheorized topic in international commercial arbitration. The whole topic of remedies is neglected in the sense that there is almost no quantitative data on the remedies requested or awarded […]