Private Law

Re-examining lawful act duress: Pakistan International v Times Travel

Leave a Comment / Allison Wu, Private Law /

The persistent difficulty bedevilling the doctrine of economic duress is how to draw the line between legitimate and illegitimate economic pressure. Pakistan International Airline Corporation v Times Travel (UK Ltd) is concerned with the doctrine of lawful act economic duress and seeks to provide an insight into how this line might be drawn. This article notes that Pakistan […]

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Spot the moderator in the crowd: An examination of the feasibility of a user-led moderation model in tackling disinformation on platforms

Leave a Comment / Genevieve Heng, Private Law /

This article examines the feasibility of a user-led moderation model (hereafter referred to as the ‘Model’) in tackling disinformation on platforms, and how it can be augmented to become the predominant tool in combating fake news. It is proposed that the model will serve as a preferable alternative to a future that is heavily reliant

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Protecting Human Rights through Tort Law – Lessons Learned from the American ‘Alien Tort Statute’

Leave a Comment / Private Law, Tai Shen Wong /

Introduction In October 2021, Justice Secretary Dominic Raab spoke of his (and his party’s) dissatisfaction with the state of human rights law in the UK, claiming that it was open to abuse by dangerous criminals seeking to ‘prevent [their] deportation’ in contravention of public interest.1 As such, he promised to ‘overhaul’ the existing Human Rights Act

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Lloyd v Google on Data Privacy Class Actions: Beginning of the End, End of the Beginning?

Leave a Comment / Angelina Pang, Private Law /

In 2021, the UK Supreme Court delivered a landmark judgment in Lloyd v Google LLC [2021] (‘Lloyd’), which concerns a claim issued by an individual on behalf of all of England and Wales’ iPhone users against Google for breach of data protection rights. This case note explores two key themes in the judgment, namely the

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The Golden Mean: How the English Judiciary Failed to Balance Formalist and Realist Jurisprudence in the Development of Privacy Law

1 Comment / Private Law, Ritchard Ninov /

Abstract This article examines the relative roles of legal formalism and legal realism in the development of the English law of torts, with particular reference to the evolution of privacy protections as a case study. The common law is inherently mutable, and adherence to formalist principles is argued to be the key to striking a

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Rethinking ‘Family’ in Family Law: Form-based, Function-based and Choice-based Frameworks

1 Comment / Maisie Ng, Private Law /

1. Introduction The conjugal family, limited to exclusive bonds of marriage and parenthood, has consistently served as the primary norm underpinning family law in many jurisdictions, including England and Wales,1 the United States2 and the European Union.3 However, this restrictive definition of family has been criticised for its inability to reflect social reality. Jill Hasday observes that American

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Companies and Tax Avoidance: Is It Really Their Sole Duty to Maximise Shareholder Profits?

Leave a Comment / Ernesto Edwards, Private Law /

The purpose of this article is to analyse the relationship between companies and tax avoidance, focusing on the ongoing discussion of whether companies’ sole duty is to maximise shareholder profits, usually framed as a debate between shareholders and stakeholders. This will be done through the analysis of relevant literature on the issue by jurists, economists,

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Enrichment ‘at the expense of’: A critical analysis of the test of unjust enrichment

Leave a Comment / Claire Li, Private Law /

Abstract The law of unjust enrichment, despite being a foundation of private law, has been subject to much debate regarding its exact scope. A product of this discourse has been the emergence of new approaches to deal with the concept of enrichment ‘at the expense of’ the claimant, the second in a four-part test proposed

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Mediation in the Modern Legal Practice: An Overlooked Money-Maker?

1 Comment / Aachman Shekhar, Private Law /

Measures aimed at popularising mediation often exclusively focus on how the process advantages disputants. In doing so, such measures miss out on addressing the interests of an equally important category of stakeholders – the lawyers. This essay aims to redress this discoursal void by demonstrating the various benefits, financial and otherwise, of incorporating mediation in

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The Curious Case of Loot Boxes: Gaming or Gambling?

Leave a Comment / Bo Hyun Kim, Private Law /

Abstract Changes to the UK’s Gambling Act 2005 have been set in motion amidst concerns over increased spending on loot boxes prompted by the COVID-19 pandemic and recent studies demonstrating the positive correlation between loot box spending and problem gambling. In anticipation of the upcoming legislative update, this article seeks to examine the loot box

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