Monthly Archives: July, 2024
‘The Afterlife of Hungarian Private Law following the Treaty of Trianon – Miklós Ujlaki’s Critical Approach to Legal Unification’
The story of comparative law in Hungary in the Interwar years is largely unknown to the foreign audience. The main reasons for this include the practical inaccessibility of the relevant Hungarian sources and the ideologically led oblivion during the communist days. This piece presents the almost completely forgotten oeuvre of Miklós Újlaki, who played a […]
Lavi and Jabotinsky, ‘AI in the Courtroom: The Boundaries of RoboLawyers and RoboJudges’
ABSTRACT Artificial intelligence (AI) is rapidly developing and undoubtedly impacting every aspect of our lives. From lethal drones, through Apple’s Siri, to cancer diagnostics, AI algorithms are also increasingly integrated into decision-making, including the legal system and profession, which this Article focuses on. Currently, AI legal tools support lawyers’ and judges’ work and can assist […]
‘An interest-ing question: when is a default interest rate a penalty?’
The Court of Appeal has affirmed a three-step test for penalty clauses: (1) is it a secondary obligation; (2) does the clause protect a legitimate interest; and (3) is it extortionate by reference to the legitimate interest? In doing so, it reaffirmed, in the context of default interests cases, that there is generally a legitimate […]
‘“Slow-walk” protests banned at 1,200 locations’
The scale of efforts by oil companies and public bodies to protect their premises from environmental protesters can be revealed in new BBC analysis. More than 400 demonstrators are named in court orders that restrict protests at more than 1,200 locations, the data gathered by File on 4 shows. The civil injunctions – in force […]
‘Some American Reflections on KCON XVII’
How was this year’s KCON different from other KCONs? I’ve been reflecting on that question in the aftermath of the conference. The conference was large. There were usually three concurrent sessions going at once. I can’t replicate Nick Mouttotos’s feat in yesterday’s post by providing an overview of the conference as a whole. Rather, this […]
Hunter, Epstein and Meers, ‘Imprisonment for breach of injunctions: what is happening in the civil courts?’
ABSTRACT Drawing on a dataset of 263 contempt of court decisions, this paper examines a widespread but under-interrogated phenomenon: imprisonment for breach of injunctions. Across a wide range of contexts – from cases involving anti-social behaviour, protest, Gypsy and Traveller communities – courts across the country are using their civil contempt of court powers to […]
Ming Ren Tan, ‘Medical negligence and disclosure of alternative treatments (McCulloch v Forth Valley Health Board [2023] UKSC 26)’
Recent years have witnessed significant developments in medical negligence jurisprudence. In 2015, the Supreme Court in Montgomery v Lanarkshire Health Board famously departed from the House of Lords decision in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital by ruling that the professional practice test set out in Bolam […]
Jane Ginsburg, ‘Fair Use in the US Redux: Reformed or Still Deformed?’
ABSTRACT In 2019, Professor Ginsburg delivered the Distinguished Visitor in Intellectual Property Lecture at the Faculty of Law, National University of Singapore. Titled ‘Fair Use in the US: Transformed, Reformed, Deformed?’, the lecture explored US caselaw applying the statutory fair use exception, highlighting its excesses and apparent rebalancing. Four and half years (and a pandemic) […]
‘EU copyright law roundup – second trimester of 2024’
Welcome to the second trimester of the 2024 roundup of EU copyright law right in time before the (hopefully) quiet summer period starts. In this edition, we update you on what has happened between March and June 2024 in EU copyright law. As our regular readers know, this roundup series includes Court of Justice (CJEU) […]
Singh and Turaga, ‘Piercing the corporate veil – the trust connection’
ABSTRACT The principle of separate legal entity which forms the basic foundation of company law provides for the company as a separate legal entity. This results in the formation of a veil, so to say, that protects the liability of the directors or other related companies from incurring liability. Under the Doctrine of Piercing the […]