In a previous case note[1] dated 6th March 2023, Mr Qu contended that the Supreme Court’s reformulation of the test for capacity to engage in sexual relations in A Local Authority v JB[2] introduces a higher threshold for individuals who lack capacity (‘P’), or ‘who [are] alleged to lack capacity’ under the Mental Capacity Act […]
What is the Point of Equality? Revisiting the Test in A Local Authority v JB Read More »
The central question answered in Target Holdings v Redferns [1]was whether, in the event of a breach, a trustee should only be personally liable for losses to the trust fund in fact caused by their breach. Lord Browne-Wilkinson championed the need for factual causation and established that, like contractual damages, equitable compensation should place the
Introduction The new Domestic Abuse Act 2021 (‘DAA 2021’)[1] aims to promote awareness of domestic abuse, protect and support victims, hold perpetrators to account, and improve the justice system’s response.[2] With regards to raising awareness of the crime, the DAA 2021 makes significant headway, being the first statutory definition of domestic abuse in England.[3] The
A gender-neutral law for gender-based violence? Read More »
Many lawyers find inspiration from a mentor or a legal text, others find it elsewhere. I am one of the latter types. It’s not that I haven’t worked with, or known, some remarkable and inspiring lawyers. For close to two decades, I had the privilege of working with my friend Ramsey Clark — the 66th
Inspiration for a Commitment to Justice Read More »
Introduction In May 2023, the High Court rejected ClientEarth’s landmark lawsuit against Shell’s Board of Directors over climate risk mismanagement. The application reflects an anticipated trend of litigation in the climate space, as activists seek to use the courts and derivative actions under section 172, as an avenue to hold corporations accountable to their goals
ClientEarth v Shell plc: should climate change directorial duty in the 21st century? Read More »
Introduction The case of Duke of Sussex v News Group Newspapers Limited1 has frequently captured the headlines, marked by sensationalised narratives that underscore the tumultuous relationship between the claimant (the Duke of Sussex), his wife (the Duchess of Sussex) and the British media.2 However, what truly distinguishes this saga is the judge’s exercise of discretion in dismissing the
Introduction Land is a central component of all indigenous lifestyles, practices, and cultures. As such, it is integrated into “all basic definitions of indigeneity” as “the permanent attachment of a group of people to a fixed area of land in a way that marks them as culturally distinct”.1 Historically, land has been the critical interface that
Introduction BTI 2014 LLC v Sequana SA1 provides the first principled justification of the creditor-regarding duty of company directors in the vicinity of insolvency.2 Said duty, deriving from common law,3 was articulated for the first time in the 1987 West Mercia Safetywater4 ruling by the UK Court of Appeal, which was itself influenced by the earlier ruling in Kinsela5 by the
The Creditor-Regarding Duty after Sequana: Are its Mechanics Fit for Purpose? Read More »
Introduction Article 101 TFEU prohibits anti-competitive agreements ‘which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market.’1 The extensive case law on the meaning of ‘by object’ violations has generated a relatively clear definition of the term, including instances
Case C-211/22 Super Bock and the Inevitable End of Formalism Under Article 101 TFEU Read More »
Introduction The #MeToo movement, Presidents Club Dinner, Zelda Perkins case, and other investigations involving high-profile figures have revealed the unethical use of non-disclosure agreements (NDAs) by employers and members of the legal profession. NDAs have been used to unconditionally silence victims, preventing them from disclosing details of sexual harassment experienced in the workplace. The ‘Can’t