The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical,...

Private enforcement is an increasingly prominent and important aspect of EU competition law. The impending Directive on damages actions aims to strengthen and, to a degree, harmonise procedures for private competition litigation, while recent cases of the Court of Justice have consistently...

This paper examines the Declaration on the Future of the European Court of Human Rights – the product of the High Level Conference of the Council of Europe's Committee of Ministers that was held in Brighton, UK, in April 2012. The paper considers the extent to which the Declaration is likely...

This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...

In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how...

Building on systems theory and the economics of law, this paper argues that evolutionary models can explain certain features of common law reasoning, in particular the way that the doctrine of precedent operates to combine stability with change. The common law can be modeled as an adaptive...

The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the...

In this paper, I reflect on the ongoing debate concerning the protection of human rights in the UK. I attempt to situate that debate within its legal and political context by examining the underlying reasons that might explain why the Act has been the source of so much controversy. Against that...

Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to...

The English costs rules were amended in April 2013 to implement Sir Rupert Jackson's Costs Inquiry (2010). Proportionality has become (see sections II to IV of this paper) the final determinant when assessing standard basis costs, supplementing but also trumping the pre-existing criteria of...