Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity's part in...

This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...

In this document, we respond to the UK's HM Treasury’s Future Financial Services Regulatory Regime for Cryptoassets Consultation Call. In particular, we focus on the provisions relating to cryptoasset trading venues and cryptoasset custodians. We welcome the HMT’s view that cryptoasset...

Catastrophes including the COVID19 pandemic of 2019-2020 impose great financial stress on consumers. This op-ed proposes the distribution of economic relief directly to consumers by authorizing credit card issuers to bill Congress for portions of the interest that otherwise would be charged to...

Social policy is a concept that is often left on the side-lines of insolvency law, and often for good reason. However, ignoring this inconvenient aspect of today's legal culture inhibits a broader perspective when considering how insolvency law and more particularly business rescue will be...

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...

Long-established major U.S. corporations such as McDonalds, Walmart, and Proctor and Gamble continue to derive a majority of revenues from foreign operations. In addition, a number of relatively new U.S. technology companies such as: Airbnb (2008); Facebook (2004); Snap (2011); Twitter (2006);...

In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...

This chapter examines and challenges the dominant academic portrayal of Anglo-American corporate law as an aspect of private law, and argues for a re-characterisation of the subject that reflects the centrality of public regulation to its core dynamics. It first explores the purported...

This paper reviews the application of national antitrust law and the implementation of the European Union’s telecommunications directives to the markets in the United Kingdom, against the declared policy objective of raising national competitiveness. It illustrates the complexity of the...