Category Archives: Remedies and Procedure
Graham Greenleaf, ‘Australia’s Privacy Payouts Escalate (but will they pass the Pub Test?)’
ABSTRACT Something which ‘passes the pub test’ is ‘something the ordinary patron in an Australian pub would understand and accept to be fair, were it to come up in conversation. The test has been compared to reasonable person standards in law. For decades, enforcement of Australia’s privacy laws has been criticised widely, including by other […]
Morell and Schellenberg, ‘The Incentive Structure of Litigation Finance: How Free Coordination Turns Financed Collective Redress into an Indispensable Internalization Tool’
ABSTRACT This paper cautions against the regulation of third-party litigation funding (TPLF) in the EU. TPLF is indispensable for enabling collective redress, which in turn is indispensable for internalizing externalities in a free market economy. Looking at the governance structure of TPLF more closely, we argue that contractual coordination and private incentives are sufficient to […]
‘Third-Party Litigation Funding in the European Union’ (Symposium, European Review of Private Law)
Transparency and Judicial Oversight in Third-Party Litigation Funding in Europe: Regulatory Approaches and Market Perspectives (Adriani Dori and Xandra Kramer) The Economics of Litigation Financing (Winand Emons and Francesco Parisi) Controlling Third-Party Litigation Funding in the EU: The Regulative Force of Soft Law (Maria Cecilia Paglietti) Settlements and Trial Control in Third Party Litigation Funding: […]
González, Szyszko and Jouliá, ‘When Justice Meets Safety: How a Supreme Court Ruling Transformed Workplace Safety’
ABSTRACT Occupational accidents impose devastating human and economic costs worldwide, yet evidence on how judicial decisions affect workplace safety remains scarce. This study provides the first causal evidence on this relationship by examining Argentina’s landmark Aquino ruling (2004), which eliminated employers’ exemption from civil liability for workplace accidents. Using an event study design with provincial […]
Seth Oranburg, ‘The Wrong Plaintiff: Contract Damages versus Network Expulsion and the Collapse of Distributed Governance’
ABSTRACT Courts awarding standard contract remedies can destroy private network governance. In collectively governed trading networks, commercial cooperation often depends on the credible threat of ostracism. That threat is best understood as a club good: excludable because only members benefit from the network’s ability to sanction rule-breakers, and nonrivalrous because one member’s benefit from that […]
Ndjuoh MehChu, ‘Apologies in Blue’
ABSTRACT When police use excessive force, the physical encounter is only the beginning of the injury. What typically follows is a systematic assault on the victim’s character and reputation, driven by an institutional ecosystem – including law enforcement, the courts, and media – that produces exculpatory narratives to favor the state. By shifting blame onto […]
Dimarco and Winterton, ‘Future Performance and Proof in Contract Damages’
ABSTRACT A longstanding common law controversy is whether, following a contract’s termination for the defendant’s repudiatory breach, the plaintiff’s entitlement to substantial damages depends upon proving its ability to have performed any outstanding, and now discharged, obligations. This question may arise in various distinct contexts and consideration of the relevant case law reveals that courts […]
‘Interim injunctions and proprietary estoppel claims: Preston v Preston’
BACKGROUND The judgment in the recent Northern Irish case of Preston v Preston ([2026] NI Ch 3) is a useful example of how proprietary estoppel operates at the interlocutory stage. The background is a family dispute. Andrew Preston is one of twenty nephews and nieces of William Preston. Under William’s will he is just one […]
Ayouni, Friehe and Gabuthy, ‘Ignorance Is Bliss? Information Avoidance in Litigation’
ABSTRACT This paper examines defendants’ choice to learn about their fault level and its impact on litigation outcomes. Fault-level information is free of cost and has a positive instrumental value for defendants. However, identity concerns can induce defendants to avoid the information. Information avoidance favors settlement relative to trial. Conversely, reputation concerns tend to increase […]
Annika Memmel, ‘The EU Anti-SLAPP Directive: (Un) Founded Optimism?’
ABSTRACT In April 2024 the EU adopted the Anti-SLAPP Directive which needs to be transposed by 7 May 2026. Strategic Lawsuits against Public Participation (SLAPPs) target public watchdogs such as journalists and NGOs who express themselves on matters of public interest. The primary objective of these lawsuits is not to win the case but to […]