Monthly Archives: August, 2025
Kozuka, Matsunaka and Kido, ‘Sustainability in between corporate law and contract law’
ABSTRACT In today’s global commerce, sustainability has become a common concern of the international society. In some jurisdictions, the regulator is introducing regulations to demand global firms to take appropriate actions, such as the EU’s CSDDD. In others, a legal duty is yet to be established, but the social pressure on firms to care about […]
Gary Chan, ‘AI in healthcare: Regulatory guidelines and judge-made negligence principles for AI implementers’
ABSTRACT The use of artificial intelligence (AI) in healthcare may, notwithstanding its potential benefits, result in harm to patients from allegedly negligent acts or omissions by hospitals and medical doctors. In such circumstances, how should the principles in the tort of negligence (duty of care, breach, causation, remoteness of damage, and defences) respond to AI […]
‘How libel firm Carter-Ruck recklessly enabled a $4bn fraud’
In 2016 and 2017, libel firm Carter-Ruck acted for a business called OneCoin, and threatened defamation proceedings against people who alleged OneCoin was a Ponzi scheme and a fraud. In fact OneCoin was a giant Ponzi fraud – second only to Madoff. Plenty of people realised this at the time. So why were Carter-Ruck helping […]
Köksal and Sarel, ‘The Smart Contracts Trilemma’
ABSTRACT Contract law imposes formal requirements on certain agreements as a pre-condition for enforcement. The main economic logic behind such requirements is to minimize transaction costs, for instance, by ensuring a public transaction record. The technology of ‘smart contracts’ – algorithms that execute pre-defined actions if certain conditions are fulfilled – is a promising venue […]
Shabab Shariar, ‘The Origin Function and Beyond: Expanding the Core of Trademark Law in the UK, EU, and US’
ABSTRACT This paper examines whether the origin function remains the central pillar of trademark law in the UK, EU, and US. It analyses the historical development of the origin function, its interaction with other trademark functions, and the challenges posed by non-traditional marks. Drawing on case law, statutory frameworks, and academic commentary, the paper argues […]
Jennifer Sarah Schulz, ‘Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence’
ABSTRACT The agony of medical negligence for all involved is well documented. Health practitioners involved in harm events are described in the literature as ‘second victims’. Injured patients report that clinical negligence litigation is traumatic, slow, expensive, and does not meet their needs. Clinical negligence lawyers have complained that healthcare injury cases are so complex […]
Gaidartzi and Stamatoudi ‘Authorship and Ownership Issues Raised by AI-Generated Works: A Comparative Analysis’
ABSTRACT Artificial intelligence (AI) is transforming the creative landscape and challenging traditional copyright frameworks historically focused on human authorship. As AI-generated works become increasingly common, legal systems worldwide are confronted with urgent questions about originality, ownership, and liability. While most jurisdictions adhere to the principle of strict human authorship, a growing trend toward more flexible […]
Wendy Elizabeth Bonython, ‘Moral Injury: An Emerging Aspect of the Employer’s Duty of Care to Employees?’
ABSTRACT Moral injury is a discrete form of harm affecting individuals as a potentially avoidable consequence of exposure to a morally injurious event. That injury (independent of psychological injury or illness) has been identified as a cause of physical symptoms, suicide and suicidality. Originally identified within military and veteran cohorts, it is observable in emergency […]
Kerr and Carroll, ‘Apologies in Mitigation of Damages for Negligence: Incentive or Weapon?’
ABSTRACT Apologies can offer solace and compensate for intangible and emotional harm in social and legal contexts. In some areas of law, an apology offered by a defendant will be factored into the assessment of damages awarded to vindicate the plaintiff’s rights and compensate for loss. This is the case in Australia, the jurisdiction primarily […]
‘What causes proprietary estoppel claims to fail in commercial disputes?’
James Castle examines why proprietary estoppel claims often fail in commercial disputes. This article explores the core elements of the doctrine and discusses how the commercial sophistication of the parties can undermine a claim, drawing on principles from key cases such as Cobbe v Yeoman’s Row Management Limited [2008] UKHL 55 … (more) [Tanfield Chambers, […]