Monthly Archives: January, 2025
Dagan, Dorfman and Rosen-zvi, ‘It’s (not all) Personal: Civil Litigation and the Values of Rights of Action’
ABSTRACT Existing approaches to civil litigation, both regarding its theoretical underpinnings and its practical instantiations, take diametrically opposing perspectives on the value of personal rights of action. Some view them as inviolable, and thus vehemently oppose any mandatory arbitration clauses and treat class actions as presumptively dubious. Others have no principled objection to neither, since […]
Issacharoff and Martin, ‘Putting Railroad Justice Back on Track’
ABSTRACT State courts across the country are being overrun by assembly line claimants executing collection judgments against unrepresented defendants who, for the most part, have neither the incentive nor the wherewithal to even enter an appearance. These defendants, quite simply, are being railroaded through a legal system characterized by an ever-diminishing pretense of adjudication. The […]
Ezra Lim, ‘Defamation by Hyperlinks – Back to Basics?’
ABSTRACT The speed at which hyperlinks enable information to be disseminated poses challenges to legal regulation. In particular, major concerns arise over whether adherence to the Traditional Publication Rule would result in widespread liability. This paper explores how various jurisdictions have opted to tackle the issue of defamation via hyperlinks and highlights a shift towards […]
Alexandra Kosta-Foti, ‘Money, currency and contracts: an alternative view of RTI Ltd v MUR Shipping BV ’
INTRODUCTION Money and payment are at the epicentre of commercial and financial transactions. Suppose that A and B are in a creditor–debtor relationship. Determining how B can discharge the debt will first depend on the contractual agreement between the parties, but also the unit of account – the measure of the value – of the […]
Teilmann-Lock and Savin, ‘The Ends of the AI-Copyright Wars? Towards European Dataset Law’
ABSTRACT The advent of generative AI raises profound questions about the ownership not only of data but also of data sets. European law has, in the main, sought to address these questions through the lens of copyright law in an attempt to address what the creative sector sees as a blatant theft of its work. […]
Jan Willem Verbeke, ‘Cooperation in Construction Projects. What Does Contract Law Have to Offer?’
ABSTRACT Due to the inherent complexity of a construction project (in particular the long duration, the large number of parties involved, the complexity of the subject matter and the uncertainty of environmental factors), cooperation and communication between all parties involved is required to complete the construction project. This article briefly examines how the duty to […]
Adrian Briggs, ‘What remains of the Brussels I Regulation in the English conflict of laws?’
ABSTRACT The paper argues that whether we are concerned with retained or assimilated EU laws, or with rules of UK law made as close copies of EU laws, initial encouragement to interpret them as though they were still rules of EU law is coming to be, and should be, replaced by a cooler realisation that, […]
Anfield Tam, ‘The requisite intention for constituting a Quistclose trust’
ABSTRACT In China Life Trustees Ltd v China Energy Reserve and Chemical Group Overseas Co Ltd [2024] HKCFA 15, the Hong Kong Court of Final Appeal clarified that a positive intention for the transferor to retain beneficial interest in the transferred assets is not necessary for a Quistclose trust to arise. Rather, it suffices when […]
Edward Page, ‘Benefiting at the Expense of Climate Change’
ABSTRACT This paper discusses the problem of what to do, if anything, about the profits of activities that drive climate change. Should benefits created ‘at the expense of’ climate change be ‘disgorged’ to those who missed out and now face the adverse costs of the activities from which these benefits were created? The paper sets […]
Michael Pratt, ‘Why Are Deposits Deducted from Damages?’
ABSTRACT The deposit is a very old common law device for securing the performance of a contract. Ubiquitous in real estate transactions, deposits are also routinely used in other commercial contexts. Despite its antiquity, the law of deposits has not worked itself entirely free of difficulty. In this paper I examine a seldom-noticed puzzle at […]