Category Archives: Remedies and Procedure
Martha Chamallas, ‘Power and Vulnerability in the Torts Restatement: Vicarious Liability for Sexual Assault’
ABSTRACT Historically, most courts have refused to impose vicarious liability on employers for sexual assaults inflicted by their employees, applying the traditional view that sexual assaults are outside the scope of employment because they do not further the interests of the employer. However, in the past few decades, the tide has turned, with many courts […]
Marco Pasqua, ‘Towards a SLAPP-Aware EU Private International Law Framework?’
ABSTRACT Strategic lawsuits against public participation (SLAPPs) raise distinctive challenges for European Union private international law. While the Anti-SLAPP Directive establishes a common procedural framework for addressing abusive litigation, it does not provide a comprehensive response to the private international law questions that arise when SLAPPs cross borders. This article examines those questions across three […]
Urs Schweizer, ‘Damages Rules Implementing Desired Outcomes’
ABSTRACT This paper deals with tort relationships where some parties are directly involved, others indirectly. Only directly involved parties choose actions relevant for the case. The desired outcome reflects concerns also of indirectly affected parties and, for that reason, need not maximize welfare of the directly involved parties. Damages rules compensatory relative to such a […]
Molinari, Giacalone and Ferraris, ‘Relational Access-to-Justice, Smarter Remedies: AI-Supported Resolution in Labour and Family Disputes’
ABSTRACT This article examines how AI-supported tools may improve access to justice in labour and family cases, understood as relational access-to-justice disputes. Rather than treating AI as a substitute for judicial decision-making or expert legal assessment, the paper conceptualises it as an accountable guidance mechanism that helps parties understand procedural options, costs, timeframes, safeguards, and […]
Abdulaziz AlRawas, ‘Limits of Employer Liability for Employee Misconduct: A post-Morrisons analysis of Vicarious Liability in Tort Law’
ABSTRACT This study critically compares and overviews of employer secondary liability in English common law, paying particular attention to recent judgments of the UK Supreme Court in Morrisons [2020] and Barclays [2020]. Rather than simply summarising these cases, the study seeks to contextualise the increasingly restrictive approach taken by UK courts since Morrisons within the […]
Edwards, Manchak and Wong, ‘BX v T Limited: exceptional jurisdiction to order disclosure of trust documents to non-beneficiaries’
ABSTRACT This article examines the Guernsey Court of Appeal’s decision in BX v T Limited, which concerned an application for disclosure of confidential trust documents based upon the decision in Schmidt v Rosewood. Whilst cases involving Schmidt disclosure applications abound, they are typically brought by discretionary beneficiaries and focus on the scope of disclosure. Uncommonly, […]
O’Brien and Hawkins, ‘Litigant status, judicial ideology, and the gatekeeping of expert evidence’
ABSTRACT Judicial rulings on expert evidence determine which specialized knowledge enters the courtroom and, in doing so, shape the credibility of litigants and the legitimacy of their claims. This article examines how disparities in litigant status shape the judicial gatekeeping of expert evidence and how this process relates to the ideological context of the legal […]
Hanna Churpita and others, ‘Legal Certainty in Substantive Law as a Condition for Effective Civil Proceedings: The Perspective of the European Court of Human Rights’
ABSTRACT Historically, the effectiveness of civil proceedings has been analyzed mainly through procedural guarantees; the case-law of the European Court of Human Rights, however, increasingly shows that the quality of substantive regulation also affects the practical effectiveness of judicial protection. Under conditions of normative instability and broad judicial discretion, legal certainty acquires systemic importance for […]
Engstrom and Qian, ‘The Injunctive Effect of Tort Law’
ABSTRACT Tort law, we are told, is always and inevitably about money. That is what plaintiffs want. That is what plaintiffs’ lawyers fight to secure. That is what the law is equipped to deliver. That account is wrong – or at least radically incomplete. Drawing on nearly ninety interviews with plaintiffs, plaintiffs’ lawyers, and defense […]
Dagan, Dorfman and Rosen-Zvi, ‘It’s (Not All) Personal: Civil Litigation and the Values of Rights of Action’
ABSTRACT Existing approaches to civil litigation, both regarding its theoretical underpinnings and its practical instantiations, take diametrically opposing perspectives on the value of personal rights of action. Some view them as inviolable and thus vehemently oppose any mandatory arbitration clauses and treat class actions as presumptively dubious. Others have no principled objection to either, as […]