This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...

This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...

Guaranties and suretyships reduce the risk of default and today remain essential arrangements in many commercial and consumer transactions. A guarantor or surety promises to pay for the debt of a third party and may become primarily liable on that debt. Despite the significance of such a promise...

This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...

An “ethics explosion” is emerging in the international investment arena in many different ways. Along with the EU’s strong desire to regulate the ethical aspects of adjudicators’ duties in its latest generation of IIAs, whether already in force or still under negotiation, a growing...

Supreme Court in Arjun Panditrao Khotkar (2021) judgment has put an interesting exception to the S.65-B(4)’s certificate requirement: when even after applying to the relevant authority holding the electronic document sought to be proved in evidence and threafter to a court under procedural or...

As a result of the meeting in New York of UNCITRAL Working Group III, states suggested focusing on a second workstream on structural reform options that would cover issues relating to, inter alia, amendments to the existing ISDS process and the establishment and composition of a Multilateral...

The global financial crisis of 2007-8 gave definitive light to some worrying cracks that for years have plagued the global economy. In the UK, the remedy to the planetary collapse took the form of the stewardship code, issued in 2010 by the Financial Reporting Council. This initiative, as the...

COVID patent waiver is an interesting but virtually irrelevant debate. If every patent holder tomorrow morning announced “we will not be enforcing any of the patents that we have that relate to COVID vaccines,” you know what would happen to the worldwide manufacturing distribution of...