The Review

November 2017 Issue

articles

The Rise of Digital Justice: Courtroom Technology, Public Participation and Access to Justice

This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. While digital court tools and systems offer great promise for enhancing efficiency, participation and accessibility, they simultaneously have the potential to amplify the scope for injustice, and to attenuate central principles of the legal system, including somewhat paradoxically, access to justice.

Jane Donoghue

Taking Life and Liberty Seriously: Reconsidering Criminal Liability Under Article 2 of the ECHR

What is the relationship between the right to life and criminal liability, and what should it be, given the significance we rightly attribute both to human life and to human freedom? This article contends that the ECtHR's positive obligations to criminalise carries the potential of both coercive overreach and the dilution of the right itself, and proposes a way forward that takes both the right to life and human freedom seriously.

Natasa Mavronicola

legislation

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened.

Helen Fenwick and Roger Masterman

cases

Unjust Enrichment in the ‘Fairchild Enclave’ International Energy Group Ltd v Zurich Insurance plc

In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The majority recognised that the insurers were entitled to ‘equitable recoupment’ from insured-employers in respect of periods during which they were uninsured. This note critiques the recoupment right with an unjust enrichment lens.

K V Krishnaprasad

review article

book reviews

Review of Allan Beever, A Theory of Tort Liability, Oxford and Portland, Oregon: Hart Publishing, 2016, 260pp, hb £55.00

In A Theory of Tort Liability, Allan Beever identifies a lacuna in modern tort theory and aims to fill it. What's missing is an explanation of tort law's substance—of why courts have recognised particular torts defined in particular ways. Even if one accepts, as Beever does, that the wrongs of tort law track and vindicate rights, one still needs an account of which rights, and of why it protects them on the terms that it does.

John Goldberg

Review of Jesse Wall, Being and Owning: The Body, Bodily Material, and the Law, Oxford: Oxford University Press, 2015, 256pp, hb £60.00

Jesse Wall's carefully researched monograph shows how questions over ownership of bodily material have been handled in a classical common law fashion: each case being decided on its own merits, relying on closely defined custom and precedent, with a great deal of care taken to avoid the statement of general principles and the production of a unity of doctrine. But it also leaves many issues unclear and to some extent unpredictable.

Richard Ashcroft

Review of Valsamis Mitsilegas, EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe, Oxford: Hart Publishing, 2016, 336pp, hb £50.00

EU Criminal Law after Lisbon is a critical analysis of EU criminal law that should find itself on the bookshelves of any lawyer interested in the this ever-developing and increasingly important area of the law. It is not simply an account of institutional or constitutional changes implemented by the Treaty of Lisbon, but rather an examination of how the field of EU criminal justice has developed in its wake, and, above all, a critical account.

Stephen Coutts

Review of John Armour, Dan Awrey, Paul Davies, Luca Enriques, Jeffrey N. Gordon, Colin Meyer and Jennifer Payne, Principles of Financial Regulation, Oxford: Oxford University Press, 2016, 648pp, hb £125.00

The publication of Principles of Financial Regulation is a welcome milestone for the study and research of ‘financial regulation’, drawing together major policy themes and regulatory techniques in many parts of financial regulation, and taking stock of the voluminous regulatory reforms post crisis.

Iris H-Y Chiu

The Review

Published November 2017
Frequency Bi-Monthly
Volume 80
Issue 6
Print ISSN 0026-7961
Online ISSN 1468-2230

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