Monthly Archives: April, 2025
Michael Pressman, ‘Probabilistic Tort Law: Extending the Loss-of-Chance Doctrine’s Partial-Damages Framework to All Tort Cases (and Beyond)’
ABSTRACT Tort law’s loss-of-chance doctrine (‘LOCD’) is employed in many jurisdictions to resolve a problem arising in certain medical malpractice cases. In the paradigmatic case, the patient presents with a greater-than-50% chance of dying from a condition, the doctor’s negligence increases that chance, and the patient dies. Traditionally, the plaintiff would never recover because he […]
Gregory Lawton, ‘Matters of Law Arising in Motor Finance Secret Commission / Unfair Relationship Cases’
ABSTRACT This article explores some aspects of the law in respect of claims against motor finance companies who paid commissions to credit brokers. Lawton, Gregory, Matters of Law Arising in Motor Finance Secret Commission / Unfair Relationship Cases (April 6, 2025).
Emily Webster, ‘Earth system disruption, legal development and the company: a UK perspective’
ABSTRACT This paper evaluates company law and regulation using Earth system science (ESS) as an analytical lens. ESS draws attention to the disconnection of companies from the Earth system and the way that law, as a process of the anthroposphere, is impacted and evolving in response to Earth system disruption. It argues that, although there […]
Amy Sedgwick, ‘The cost of claims brought under the Inheritance (Provision for Family and Dependants) Act 1975: Hirachand v Hirachand [2024] UKSC 43′
ABSTRACT In Hirachand v Hirachand, the Supreme Court considered the payment of CFA success fees in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. The court decided that a CFA success fee is not a debt, the satisfaction of which may constitute a financial need for which the court may make […]
Aoife Hogan, ‘In the “foothills” or the “backwater”? The future of representative actions in England and Wales: Prismall v Google UK Ltd [2024] EWCA Civ 1516′
ABSTRACT In Prismall v Google UK Ltd, the Court of Appeal unanimously determined to strike out a proposed representative action for misuse of private information. In so doing, the Court of Appeal remarked that representative actions of this kind are ‘always going to be very difficult to bring’. Prismall demonstrates that, in the wake of […]
Maria José Azar-Baud, ‘Implementation of the Representative Actions Directive across the European Union: state of play’
ABSTRACT This article presents an overview of the state of the transposition of Directive 2020/1828 on representative actions for the protection of collective interests of consumers, offering a comparative analysis of the sources of implementing texts and their subjective and material scope. It also examines procedural trends among Member States regarding the entities authorised to […]
David Foxton ‘“When Everything Changes”: adapting contracts to fundamental changes in circumstance’
ABSTRACT This article considers the approach under English law to the adaption of contracts to meet fundamental changes in circumstances. After a brief comparative analysis of the position in Germany and France, where legal principles allow the courts in certain circumstances to recast the bargain, the article considers how issues of this kind are approached […]
Antonija Ivančan, ‘“Intuitive” rules on clashes between the right to intellectual property (copyright) and other fundamental rights before the CJEU’
ABSTRACT This article focuses on determining the intuitive rules which govern the clash between the fundamental right to intellectual property (copyright) and other fundamental rights before the CJEU. Since all the fundamental rights recognized in the Charter are at the very top of the hierarchy of EU legal order, there is no direct substantive provision […]
‘Third party litigation funding and consumer redress’
The EU Commission has recently published a comprehensive Study on Mapping Third Party Litigation Funding in the European Union including all EU member states. Although the study covers all aspects of third party litigation funding, it is a potentially powerful tool for enforcing consumer rights, especially complex and costly collective redress actions … (more) [Andrea […]
Christina Lee, ‘Beyond Algorithmic Disgorgement: Remedying Algorithmic Harms’
ABSTRACT AI regulations are popping up around the world, and they mostly involve ex-ante risk assessment and mitigating those risks. But even with careful risk assessment, harms inevitably occur. This leads to algorithmic remedies: what to do once algorithmic harms occur, especially when traditional remedies are ineffective. What makes a particular algorithmic remedy appropriate for […]