As dance increasingly circulates in the digital age, choreographers face heightened risks of unauthorised use and appropriation on social media. This piece examines the intersection between choreography and intellectual property law, focusing on the challenges of originality and fixation in securing copyright protection. Through a comparative analysis of UK and US legal frameworks, it argues […]
Abstract This case note examines the New Zealand Supreme Court decision in Smith v Fonterra Co-Operative Group Ltd [2024] NZSC 5. It explores the broader relationship between tikanga Māori and common law, highlighting the legal uncertainty surrounding how – and to what extent – tikanga Māori should influence New Zealand common law, particularly in tort
In May 2021, the Dutch court of first instance in Milieudefensie v Royal Dutch Shell established a new private law obligation for a key carbon emitter: it must, through corporate policy, remove or prevent the serious risks of climate change.[1] In accordance with this obligation, Royal Dutch Shell – now renamed ‘Shell’ – was issued
Greenwashing is defined as the behaviour of an organisation in portraying that they are doing more to protect the environment than they are in reality.[1] Given the growing awareness surrounding climate change and environmental issues, companies are increasingly highlighting their efforts in contributing to environmental solutions, leading to potential concerns of greenwashing. The UK government
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 #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
Introduction From driverless cars and genetic programming to 3D printing and surgical robots, artificial intelligence (AI) has permeated our lives in extensive ways and is emerging as one of the most revolutionary technologies of the twenty-first century. Yet, as with all new technologies, issues arise over legal regulation, one of which concerns copyright protection. As
On 24th November 2021, JB, a 38-year-old man, had his private life laid out before strangers in a courtroom, ordered to have 24-hour supervision of his interaction with people and banned from pursuing sexual relations. This is unfortunately the lived reality of persons who are judged to lack capacity after A Local Authority v JB.1 Particularly, the
ABSTRACT Contract law is rapidly evolving in synergy with new technologies. Concurrently, age-old debates remain unsolved: the desire to infuse an overt doctrine of good faith continues to clash with the English common law ethos of individualism and freedom of contract. Among contract law’s most recent and consequential developments, smart contracts may be viewed as
