Category Archives: Remedies and Procedure
‘Open consultation: Make Work Pay: misuse of non-disclosure agreements (NDAs)’
The government has introduced a measure through the Employment Rights Act 2025 which voids any provision in an agreement (such as a contract of employment or settlement agreement) between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination. This consultation is seeking views on proposals regarding: (i) the […]
Krish Maharaj, ‘When Should Breach of Good Faith Beget Punitive Damages?’
ABSTRACT This article highlights a recent trend towards claimants seeking, and courts awarding, punitive damages in contract cases predicated on a breach of contract in conjunction with an ‘independent actionable wrong’ – a requirement since the Supreme Court’s decision in Whiten v Pilot Insurance – in the form of a breach of the duty of […]
Reviews of Elizabeth Chamblee Burch, The Pain Brokers: How Con Men, Call Centers, and Rogue Doctors Fuel America’s Lawsuit Factory (January 2026)
The Shame of Mass Torts (Anthony Sebok): The Pain Brokers by Prof Elizabeth Burch (Georgia) describes the terrible treatment suffered by a group of women who had a defective surgical device implanted into their bodies. Unlike the more familiar stories about products liability involving DES or asbestos, The Pain Brokers focuses not on the wrongdoing […]
Frank Pham, ‘Comparative Law of Cross-Border Patent Infringement: A Jurisprudential Analysis of the United States and Japan’
ABSTRACT Historically, patent enforcement relied on the strict principle of territoriality, a doctrine that is increasingly destabilized by distributed networks, cloud computing, and the placement of servers overseas. This research provides a comprehensive comparative analysis of how the United States and Japan address the jurisprudential challenges of cross-border patent infringement and divided multi-actor infringement within […]
Dennis Collopy, ‘Music Streaming Metadata Mapping Report’
ABSTRACT IAs outlined in the UK Industry Agreement on Music Streaming Metadata, good quality metadata is essential to making sure music makers are accurately credited and paid. To help influence improvements in music streaming metadata, the agreement established a Technical Solutions Group (TSG). This report is based on evidence gathered from: one-to-one and small workshop […]
Shapira and Lavie, ‘Rivalrous Remedies’
ABSTRACT Legal scholarship typically conceptualizes enforcement as operating directly on wrongdoers: either by enjoining them ex ante or by imposing monetary sanctions on them ex post. Yet across a wide range of legal fields, courts and lawmakers have long employed a different and largely untheorized instrument. Instead of sanctioning the wrongdoer directly, these doctrines deter […]
Jonathan Ainslie, ‘The Irrevocability of Jus Quaesitum Tertio: Stair and the Roman-Dutch Law’
ABSTRACT Prior to the enactment of the Contract (Third Party Rights) (Scotland) Act 2017, Scots law permitted third parties to derive an enforceable benefit from a contract via a jus quaesitum tertio which was irrevocable from its creation. This article examines the historical reasons for the irrevocability requirement, focusing on the formulation of jus quaesitum […]
Bereskin, Hsu and Wang, ‘Growth of Firms under Injunction Risk’
ABSTRACT Although injunctions serve as a crucial remedy for intellectual property protection, their excessive use has the potential to limit economic growth. We use the 2006 Supreme Court ruling in eBay v MercExchange, which reduced injunction likelihood for defendants in cases related to information and communications technology patents, as a shock to injunction risk. These […]
Hylton and Kim, ‘The Economics of Appeals’
ABSTRACT This paper examines the incentive to appeal. While existing literature focuses on appeals as a mechanism for correcting errors or controlling judicial incentives, we explore individual litigants’ incentives in civil and criminal cases by modeling the opportunity cost of the trial court judgment for litigants when deciding whether to appeal. In civil trials, this […]
Gerhard Wagner, ‘Procedural Agreements: A Normative Framework’
ABSTRACT The paper addresses the essential questions of agreements on questions of procedure, ie their classification as procedural or substantive and their admissibility under the applicable law of civil procedure. Procedural agreements touch upon the public interest, challenge the self-conception of public courts and raise concerns with a view to the protection of weaker parties. […]