Category Archives: Public policy
Rzewuski and Rzewuska, ‘The public policy exception as grounds for refusing to apply foreign law in succession cases’
ABSTRACT Increasing migration flows in Europe and the world will contribute to a rise in cross-border succession proceedings. As a result, when hearing a succession case, a domestic court should not only be familiar with, but should also apply the foreign law indicated by an authoritative conflict-of-law rule in the same manner that the foreign […]
Dagan and Gergen, ‘Harnessing the Unruly Horse: Public Policy in Contract Law’
ABSTRACT It is blackletter law that agreements or terms which violate public policy are unenforceable. But the precise role of the public policy in contract law remains elusive, which may explain the chaotic state of this veteran doctrine. Without a principled framework to guide judges in deciding when the law should refuse to lend its […]
‘Foreign illegality and English courts: Do the Ralli brothers now have a sister?’
In the recent and interesting case of LLC Eurochem v Société Generale SA et al [2025] EWHC 1938 (Comm), the English High Court (Commercial Court) considered the extent to which economic sanctions enacted by a foreign jurisdiction (EU law in this instance) can impact the enforcement of contractual payment claims (governed by English law) in […]
Bishara and Luisetto, ‘Goodbye, Noncompetes? Why Now and Policy Convergence’
ABSTRACT Post-employment non-competition agreements (‘noncompetes’) have been part of the common law dating back to at least 1414. The past 15 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on […]
Per Laleng, ‘Insane Killers and Their Claims for Compensation: Lewis-Ranwell Heads to the Supreme Court’
ABSTRACT This article explores the forthcoming Supreme Court case of Lewis-Ranwell v G4S Health Services, which will clarify whether a claimant acquitted of murder by reason of insanity can bring tort claims for losses caused by their own unlawful acts. The case will test the scope of the illegality defence under the framework established in […]
James Smith, ‘Russia sanctions and the prohibition on trust services’
ABSTRACT UK sanctions law contains a prohibition on the provision of trust services to or for the benefit of designated persons and persons connected with Russia. This article analyses the background to and legal framework of the prohibition. The article then looks at the application of the prohibition to Crown Dependencies and Overseas Territories, before […]
Nicholas Emanuel, ‘Duty To Protect: Updating Law Enforcement Tort Liability To Align With Contemporary Standards’
ABSTRACT Can civil tort law make law enforcement services safer and more effective? The purpose of tort law is to protect the public by imposing an obligation to act responsibly and avoid causing harm to others. But tort law is generally inapplicable to the profession of policing because of the public duty doctrine, the theory […]
Aasmi Bali, ‘Can You Sell Your Soul? – The Enforceability of Ridiculous Contracts’
ABSTRACT The concept of absurd, or ridiculous, contracts (contracts so outrageous or unrealistic, such as the sale of a soul, that their enforceability strains the most fundamental principles of contract law) are explored in respect to their legal, philosophical, and ethical aspects in the present paper. Through doctrinal, case law interpretation, and comparative Indian, UK, […]
Samuel Beswick, ‘The Defence of Public Necessity’
ABSTRACT This article challenges the idea that public necessity must be a complete defence to trespass liability. It identifies and distinguishes three distinct categories of public necessity: two afford justifications for interfering with person or property, whereas the third is better understood as an excuse. The law rightly bars a damages remedy when a defendant […]
Rzewuski and Rzewuska, ‘The public policy (Ordre Public) exception in succession cases in the European Union’
ABSTRACT Pursuant to the provisions of Regulation No 650/2012, ordre public is a legal concept that protects the fundamental values and principles of legal order in an EU Member State. Courts that adjudicate over succession matters apply the public policy exception to protect the fundamental principles of legal order in their respective countries. In practice, […]