Monthly Archives: May, 2025
Courtney Geiss, ‘Climate Litigation and Third-Party Litigation Finance’
ABSTRACT For the last 200 years, human activities have been the main driver of global climate change, particularly the burning of fossil fuels. Increased emissions from fossil fuels have contributed to rising temperatures, food scarcity, and natural disasters, including fires, flooding, and droughts. Although climate change has been an issue in the public eye for […]
Ruifeng Song, ‘Disenchanting Consent’
ABSTRACT Despite being criticized as a flawed mechanism for data protection, consent has witnessed a revival in the recent wave of state privacy statutes. One factor that contributed to the revival may be the widely held belief that consent constitutes the ‘cornerstone’ of data privacy laws. This Article conducts a comparative historical survey to examine […]
Yap and Khaw, ‘Philipp v Barclays Bank UK Plc in the UK Supreme Court: The Quincecare Duty as a “Special or Idiosyncratic” Term Implied in Law’
ABSTRACT Ruling out the application of the Quincecare duty to ‘authorised push payment’ fraud, the UK Supreme Court articulated a novel juridical basis for the duty. Contrary to the court’s reasoning, the Quincecare duty does not follow from orthodox principles of banking and agency law – it is a ‘special or idiosyncratic’ term implied in […]
Kumar and Dwivedi, ‘The Role of AI in ADR: An Analysis’
ABSTRACT This paper examines the intersection of artificial intelligence (‘AI’) and dispute resolution, particularly in the context of online dispute resolution (‘ODR’) and its integration into judicial systems. The rise of digital technology has transformed traditional dispute resolution methods into ODR, blurring distinctions between formal and informal processes, as well as between online and offline […]
Benjamin Hardman, ‘Torts, Tech, and Third Parties: Applying Causation Principles and Secondary-Liability Safe-Harbor Logic to Fair Use Factor Four’
ABSTRACT This paper offers a wholly novel framework for fair-use market-harm analysis by weaving together three foundational doctrines. It begins with tort-law causation, which ensures that legal responsibility aligns with moral intuition and practical fairness by tracing liability only to those actions that both factually cause harm and foreseeably produce it. Hardman, Benjamin, Torts, Tech, […]
Portela, Schwartz and Aparicio Garcia, ‘Litigation Risk and the Valuation of Legal Claims: A Real Option Approach’
ABSTRACT Legal claims are increasingly being considered as an alternative asset class, however, there appears to be a lack of a standard methodology for valuing litigation risk. This paper proposes a dynamic real options framework for the valuation of legal claims, explicitly incorporating the uncertainty and sequential nature of litigation processes. We develop a continuous-time […]
Isaac Lam, ‘Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10 – account of profits and but-for causation’
ABSTRACT The decision by the Supreme Court in Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10 confirms that a but-for causation is inapplicable in the context of an account of profits within fiduciary relationships, diverging from its role in equitable compensation as held by the House of Lords in Target […]
Derek Whayman, ‘Equity in the Common Law Courts’
ABSTRACT This article identifies four broad heads of jurisdiction where the common law courts applied the rules of equity or recognised equitable concepts. It also examines the limits of each jurisdiction and what generated and justified its growth and set its limits. From this one can better understand the actions and rules derived from these […]
Joan Loughrey, ‘Individual accountability for corporate harms: disqualification and the role of public enforcement’
ABSTRACT A number of jurisdictions including the UK and Australia use director disqualification as a public enforcement mechanism when responding to corporate harms that give rise to public anger and calls for executive accountability. Focussing on the UK, and referencing the on-going Post Office scandal as an example, this paper demonstrates that disqualification alone is […]
‘Copyright against culture: Do restrictions on e-book availability and use undermine library laws?’
This two-part blog looks at the provisions that exist in library laws across European countries concerning the building of collections and what libraries can do with them. It then assesses how far the achievement of these mandated functions is frustrated by a lack of access to eBooks … (part 1, part 2) [Stephen Wyber, Kluwer […]