Category Archives: Remedies and Procedure
Bensouda Koraichi and others, ‘Who Leads in Mass Litigation?: Evidence from MDL’
ABSTRACT Who leads in mass litigation? That question sits at the center of debate over multi-district litigation (MDL) – sprawling, consolidated proceedings that now account for a large share of federal civil litigation and play a pivotal role in responding to mass harms ranging from opioids to social media. At the heart of that debate […]
Chinonso Ekuma, ‘Third-Party Funding in International Commercial Arbitration: A Critical Analysis of Funding Procedures, Regulatory Frameworks and Emerging Legal Challenges’
ABSTRACT Third-party funding has become an established feature of international commercial arbitration, yet its regulation remains fragmented across jurisdictions. Legislative reforms in Nigeria, Singapore and Hong Kong have removed the traditional legal barriers of maintenance and champerty, while institutional rules, such as the 2021 ICC Rules and the 2025 SIAC Rules, provide for the disclosure […]
Leow and Liau, ‘A Comparative Common Law Study on Restitution from the State’
ABSTRACT When should restitution from the State be available? The jurisdictions examined in this paper – England, Canada, Australia – once gave a common answer to this question, but they no longer do, for reasons concerning both these jurisdictions’ constitutional and unjust enrichment laws. The aim of this article is to provide an account of […]
Melody Hadfield, ‘Post-Breach Events, Itemisation and the Avoided Loss Rule’
ABSTRACT In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined. It […]
Noel Semple, ‘The Fat Columns Problem: Disproportionality in Civil Litigation’
ABSTRACT This article seeks to define procedural disproportionality and understand its causes, using Ontario as a case study. The essential problem is that too many resources are spent on civil disputes that do not merit the expenditure. The first Part of this paper introduces ID Inc v Toronto Wholesale Produce Association, an Ontario civil action […]
Kneller, Papadakis and Wu, ‘IP Enforcement Costs and International Trade’
ABSTRACT We study how legal institutions affect international trade. Intellectual property enforcement applies to all firms serving a market, regardless of where production occurs, implying that changes in enforcement create destination-specific litigation trade costs. We identify these effects using reforms to the UK intellectual property court system between the end of 2010 and 2013 that […]
Chiodo, Kennedy and King, ‘Hryniak’s Erosion: Summary Judgment in Ontario’
ABSTRACT Access to civil justice has long been in crisis in Ontario, and the 2010 reforms to the Rules of Civil Procedure broadened the scope of summary judgment under Rule 20 in part to tackle cost and delay. The Supreme Court of Canada also encouraged the use of summary judgment as an adjudicative alternative to […]
Anson Lee, ‘Contingency Fee by Another Name? Construction and Coherence in Kain v R&B Investments Pty Ltd’
ABSTRACT In Kain v R&B Investments Pty Ltd, the High Court of Australia unanimously held that the Federal Court of Australia cannot make orders awarding solicitors regulated by the Legal Profession Uniform Law (NSW) (‘LPUL’) a percentage of a class action settlement or judgment. Although united in result, the Court divided on why such orders […]
Jani McCutcheon, ‘Are AI Models Infringing Imported “Articles” Under Copyright Law?’
ABSTRACT In this article I consider whether a generative AI (‘GenAI’) model could be an infringing imported article under the secondary infringement provisions of the Australian Copyright Act 1968 (Cth) (‘Copyright Act’). Australian copyright owners have joined the global challenge to the widespread scraping of copyright works in the development and training of GenAI models. […]
Chen, Chen and Sun, ‘The Anti-SLAPP Statutes and Corporate Environmental Policies’
ABSTRACT We examine whether legal protection for civic participation affects corporate pollution. Polluters may deter public discipline through strategic lawsuits. Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes mitigate this threat by enabling prompt dismissal and recovery of legal costs. Using a difference-indifferences design, we find that enacting an anti-SLAPP statute in a state significantly reduces […]