Abstract This case note examines the New Zealand Supreme Court decision in Smith v Fonterra Co-Operative Group Ltd NZSC 5. It explores the broader relationship between tikanga Māori and common law...
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...
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. Given the growing awareness surrounding climate...
In a previous case note 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 introduces a...
The central question answered in Target Holdings v Redferns 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...
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...
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...
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...
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 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...
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...
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...
In 2021, the UK Supreme Court delivered a landmark judgment in Lloyd v Google LLC (‘Lloyd’), which concerns a claim issued by an individual on behalf of all of England and Wales’ iPhone users against...
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...
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...
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...
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...
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...
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...
Abstract The question of how to determine the law of the arbitration agreement has long been a hotly debated topic in the field of international commercial arbitration. While this contentious issue...
Abstract This article tests the role of three UNIDROIT instruments in reducing the uncertainty caused by the COVID-19 pandemic. First, we cover force majeure and hardship under the...
Introduction The area of contract interpretation has been heavily discussed in light of the Court’s seemingly conflicting case law on the shift towards the contextual approach. In particular...
Introduction Can individuals infected with COVID-19 sue those who unintentionally transmitted the novel coronavirus to them? This article explores the effectiveness of using the tort of negligence as...
Introduction In the recent decision of Singularis Holdings Limited (in liq) v Daiwa Capital Markets Europe Ltd,1 the Supreme Court affirmed a bank’s liability to a corporate customer for the...
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...
Case Note: Darnley v Croydon Health Service NHS Trust UKSC 50, 3 WLR 1153 A. Introduction1 Darnley v Croydon Health Service NHS Trust2 (‘Darnley‘) deals with the...
Introduction What is more exciting than a legal tirade between two of the most prominent English judges? Contractual interpretation is the bread-and-butter work of the commercial courts. Whilst it...
Case note: Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd UKSC 57 A. Introduction The law of easement, a seemingly dry and technical aspect of land law, has been rejuvenated in the...
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 Convention and...
Banca Nazionale del Lavoro SPA v Playboy Club London Limited and others UKSC 43 concerns a claim for pure economic loss due to a negligent misrepresentation. It sets a precedent for cases that...
Pimlico Plumbers Limited v Smith UKSC 29 deals with several important issues concerning an intermediate category of working people falling between an “employee” under a contract of...
Dear Editor, In December 2015, Unite — Britain’s largest trade union — called on the UK government to investigate the ‘secretive machinations of private equity...