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This chapter provides an expository and teleological account of central bank digital currencies (CBDCs) through the prism of the eNaira, Nigeria’s CBDC. This chapter argues that the central bank’s legal authority to issue the eNaira is nebulous and the eNaira adds no unique value to Nigeria...
Persistent link: https://www.econbiz.de/10014235622
English law has clarified the scope of legal advice privilege ('attorney-client privilege') and confirmed that only lawyers and not, for example, accountants, can give such privileged legal advice and support. There are sound reasons for sustaining this clear rule. First, confining this...
Persistent link: https://www.econbiz.de/10014153432
Brett v. Gilbert (1605), commonly known as the Case of Mixt Monies, confirms the principle of monetary nominalism in the common law of obligations. It is fundamental to the modern understanding of the legal nature of obligations to pay money and goes far to define a distinctive conception of...
Persistent link: https://www.econbiz.de/10013129993
Protocol 36 to the Lisbon Treaty gives the UK the right to opt out en bloc of all the police and criminal justice measures adopted under the Treaty of Maastricht ahead of the date when the Court of Justice of the EU at Luxembourg will acquire jurisdiction in relation to them. The government is...
Persistent link: https://www.econbiz.de/10013100261
In England 'multi-party' litigation can take various forms, of which the most important are (a) the opt-in system of Group Litigation Orders and (b) the opt-out system of Representative Proceedings. Category (b)n can yield damages to be distributed amongst the represented class, as recent case...
Persistent link: https://www.econbiz.de/10013075666
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...
Persistent link: https://www.econbiz.de/10013075670
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...
Persistent link: https://www.econbiz.de/10013058391
Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...
Persistent link: https://www.econbiz.de/10013058392
Among the complaints often voiced by philosophers who doubt the possibility or actuality of moral conflicts is that any such conflict would violate the “ought”-implies-“can” principle or would in some other respect be objectionably burdensome. The present essay seeks to rebut or defuse...
Persistent link: https://www.econbiz.de/10013040118
This article examines the modern 'squeeze' upon court proceedings. England remains committed to attracting cross-border contentious legal work. The administrators of the courts system and of mediation and arbitration bodies share the goal of improving civil justice in all its forms. Mediation is...
Persistent link: https://www.econbiz.de/10013062778