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Public Law

'Keep the Powder Dry': The Court of Appeal in Fearn v Tate Gallery

It is safe to say that the claimants in Fearn v Tate Gallery1, owners of multi-million pound, highly exclusive London flats, are not among the neediest of those who have applied to human ...

In Public Law, By Daniel Henderson Sep 22, 2020

Would becoming a republic be so simple?

Would becoming a republic be so simple?

In Public Law, By Thomas Howard Oct 21, 2019

Private law protection of human rights from corporate abuses: deep and meaningful?

Commentary on Lungowe and others v Vedanta Resources plc and Kokola Copper Mines plc [2019] UKSC 201

In Public Law, By Thomas Yeon Oct 17, 2019

The delicate balance between Carl Schmitt’s constituent power and liberal constitutionalism: a misunderstood and over-complicated dichotomy?

The tension between constituent power and a liberal theory of constitutionalism is important in constitutional theory as they paint very different perceptions of the nature of authority i...

In Public Law, By Thomas Yeon Sep 23, 2019

Privacy International: a constitutional barometer

In the 1960s, there was talk of a ‘Fairness Revolution’ in English judicial review.1 One of the most pertinent cases exemplifying such a movement is Anisminic.2 In that case, an administ...

In Public Law, By Vasiliki Poula Aug 20, 2019

Public sneaking into private horizontally: the development of private law as supported by the Human Rights Act 1998

Case note: Fearn and others v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch)

In Public Law, By Thomas Yeon Aug 04, 2019

Extraditing suspects and safeguarding human rights - a tangled tale

Commentary on Kyung Yip Kim v Ministry of Justice of New Zealand and another [2019] NZCA 209 and insights on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legisla...

In Public Law, By Thomas Yeon & Claudia Tam & Jun 25, 2019

A tale of two systems: separation or separability of Hong Kong common law and Chinese socialist legal system?

Case note: Sixtus Leung v President of the Legislative Council  HCAL 1160, 1164, 1165, 1171 & 1178/20181

In Public Law, By Thomas Yeon Mar 07, 2019

“I felt cheated”[1]: a lost opportunity for upholding a right to terminate life with dignity

Case note: R (on the application of Conway) v Secretary of State for Justice (27 November 2018)2

In Public Law, By Thomas Yeon Feb 10, 2019

A symphony of parliamentary sovereignty

– Case note: Case C-621/18 Wightman v Secretary of State for Exiting the European Union

In Public Law, By Thomas Yeon Jan 21, 2019

Medical exceptionalism: Best Interests From a Human Rights Perspective

Case note: Y v An NHS Trust and others [2018] UKSC 461

In Public Law, By Thomas Yeon Dec 10, 2018

The 'Live-in Requirement' for Foreign Domestic Helpers in Hong Kong: Fundamental Rights at Risk?

Case note: Lubiano v The Director of Immigration HCAL 210/2016

In Public Law, By Gloria Schiavo Sep 13, 2018

No Cake for You: The Legal Battle for Equal Treatment in Lee v McArthur & Ors

Lee v McArthur & Ors [2016] NICA 39, commonly known as the ‘Gay Wedding Cake’ case, is currently awaiting judgment from the UK Supreme Court (‘UKSC’). Lee promises to provide vital gu...

In Public Law, By Austin Chan Sep 08, 2018

European Integration, Brexit and Democracy: What do we do now?

Over the past two decades, the European Union has experienced an increased disjuncture between its political vision for peace, prosperity and security and the democratic mandate of the pe...

In Public Law, By Josiah Senu Aug 10, 2018

International Law

The ECJ's Judgements on 'Gmail' and 'Skype Out': A Critical Review

A critical review of the ECJ’s Judgments on ‘Gmail’ and ‘Skype Out’

In International Law, By Andreas Daum Jul 16, 2020

Afghanistan: Towards wider interests of justice?

The Pre-Trial Chamber (“PTC”) II of the International Criminal Court (“ICC”) handed down its much-awaited decision on the request for authorisation of an investigation into the situation ...

In International Law, By Samantha Goh Sep 01, 2019

Private Law

Material contribution: bridging the evidentiary gap

To right a private wrong, causation is generally established between the tortfeasor’s negligent act and claimant’s injury. However, on occasion, the evidence will be such that a causal li...

In Private Law, By Ching Suen Sep 15, 2019

Darnley v Croydon Health Service NHS Trust: delineating duty and breach

Case Note: Darnley v Croydon Health Service NHS Trust [2018] UKSC 50, [2018] 3 WLR 1153

In Private Law, By William Wong Mar 13, 2019

Creating easements with ease: *Re Ellenborough Park* test revisited

Case note: Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57

In Private Law, By William Wong Jan 26, 2019

English Choice of Law in Contract Under the Rome I Regime: Is Flexibility Giving Way to Predictability?

The Rome I Regulation (593/2008/EC) is the EU regulation which governs the choice of law applicable to contractual obligations in civil and commercial matters. It replaces the 1980 Rome C...

In Private Law, By Lora Izvorova Oct 16, 2018

The Undisclosed Principal: Limiting Liability for Negligent Misrepresentations

Banca Nazionale del Lavoro SPA v Playboy Club London Limited and others [2018] UKSC 43 concerns a claim for pure economic loss due to a negligent misrepresentation. It sets a precedent fo...

In Private Law, By Isabel Hahn Sep 27, 2018

Employees or Independent Contractors: What Defines a “Worker”?

Pimlico Plumbers Limited v Smith [2018] UKSC 29 deals with several important issues concerning an intermediate category of working people falling between an “employee” under a contract of...

In Private Law, By Josiah Senu Aug 02, 2018

Criminal Law

R v. Evans: An Uneasy Precedent?

R v. Evans: An Uneasy Precedent?

In Criminal Law, By Ann-Marie Sous Nov 29, 2019

Privilege against Self-Incrimination in Civil Injunctions: the Double-Edged Sword of Themis?

In general, the privilege against self-incrimination (“PSI”) protects a defendant from being compelled to provide (potentially) incriminating statement or information. PSI may be asserted...

In Criminal Law, By Jason Lin Oct 09, 2019