Monthly Archives: June, 2025
‘Pathways to Justice for Survivors of Institutional Child Abuse’: University of Technology Sydney, 19-20 September 2025
Institutional abuse law is a complex area of expertise, and the legal landscape is continually evolving. This Conference brings together a wide range of experts to examine current issues and challenges. Hear from leaders in the field including from survivor advocates, support services, leaders of commissions of inquiry, the judiciary, specialist institutional abuse law practitioners […]
Thom Khondiwa, ‘Part 36 Offers and Payments, Cost Control and Access to Justice’
ABSTRACT The Civil Procedure Rules (CPR) 1998 has an overriding objective which seeks, among others, to cut costs of litigation by discouraging litigation and encouraging early settlement as per rule 1.1(2). The post-Woolf Reforms CPR were purposively designed to realize more efficient civil justice, the justice which is readily accessible and cost-effective. It is believed […]
Jeevan Hariharan, ‘Has English privacy law gone too far? Police investigations and the media’s ability to report on serious wrongdoing’
ABSTRACT The judicial recognition that a person generally has a reasonable expectation of privacy in a police investigation about them has led prominent media figures to argue that English law unacceptably stifles important journalism, including into issues like sexual misconduct. This article highlights that a proper assessment of the media’s concerns requires focus to shift […]
Sheikh and Sharma, ‘Analysis of Trade Secrets Protection Under the Indian Contract Act, 1872’
ABSTRACT Trade Secret protection is very essential because it encourages innovations and promotes commercial ethics. It is also crucial for a company’s growth as it promotes fair competition in the market. Better protection of trade secrets will boost commercial transactions and this will increase foreign investment and trade. With an effective regime, innovations can be […]
Christopher Robinette, ‘Streamlined Procedures’
ABSTRACT In essence, tort should be a law of wrongs and recourse, providing an avenue of rectification to those suffering a civil wrongdoing at the hands of another. Unfortunately, that avenue has been partially blocked. The paramount tort of negligence is vague; it is often difficult to ascertain what a reasonable person under the circumstances […]
Laura Karas, ‘Redressing the Harm of Accelerated Approval’
ABSTRACT The accelerated approval pathway of the United States Food and Drug Administration (FDA) enables drugs to come to market more quickly than would be possible under a traditional FDA approval pathway. Accelerated approval is based upon the agency’s determination that changes in a surrogate or intermediate clinical endpoint are “reasonably likely” to predict a […]
‘When life gives you oranges, try to find an implied term’
The court implied a term into a contract for the supply of orange pulp that, in the absence of agreement between the parties, the price was to be fixed at a reasonable or market price. KSY and Citrosuco entered a contract in 2018 under which KSY agreed to supply 1,200 metric tonnes of orange pulp […]
‘Hybrid transactions and the Etridge code: Waller-Edwards v One Savings Bank plc’
Non-commercial guarantors in the three-party loan and guarantee context get the benefit of the protections offered by the Etridge code. A lender makes a loan to B, and C guarantees to the lender that B will perform the obligations under the loan agreement. B and C are often spouses or co-habitees and give the lender […]
Kastner and Ghodoosi, ‘An Empirical and Theoretical Analysis of the Doctrine of Contra Proferentem’
ABSTRACT Contra proferentem, the enduring maxim that directs courts to construe an ambiguity in a contract against its drafter, appears simple on its face. Although it might be best known as a fundamental principle of insurance law, contra proferentem figures in courts’ interpretation of a range of contract types. As an interpretive rule of thumb […]
Parchomovsky and Baharad, ‘Patent Monopsonies’
ABSTRACT Conventional wisdom perceives patent protection as a necessary evil. Patent protection, the argument goes, raises the prices of patented products and processes, thus restricting access to innovation. But without it, not enough innovation will be produced. Hence, generations of scholars have sought ways to curb the market power of patentees via various legal interventions, […]