Cause of Action in UK Law
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Can there be a burden of the best explanation?
In this article I address a foundational question in evidence law: how should judges and jurors reason with evidence? According to a widely accepted approach, legal fact-finding should involve a de...... ... , legal fact-finding should involve a determination of whether each cause of action is prov en to a specific probability. In most civil cases, the ... ...
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Protecting Business Reputation in Australia — Section 52 of the Trade Practices Act and Passing Off
The common law relating to the tort of passing off is the traditional means by which conduct threatening business reputation may be halted. During the past five years, the Federal Court of Australi...... ... and overlap between the two causes of action. This Article discusses the scope of the two causes of action ... made is then examined and suggestions given as to which cause of action should be relied on. 1 INTRODUCTION There are many ... ...
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Legislative language and judicial politics: The effects of changing parliamentary language on UK immigration disputes
Why does the British government increasingly lose immigration cases in court? More broadly, what can explain the changing behaviour of appeal court judges? It is because government powers to manage...... ... Parliament has therefore provided the cause of action, and judges are not being ‘activist’. This argument ... ...
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Mapping Defamation Defences
The general neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, and apparently unrelated, doctrines recognise...... ... Defining the cause of action as an injury to the claimant’s reputation, it argues that they ... ...
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Cyberstalking: are we on the same (web)page? A comparison of statutes, case law, and public perception
Purpose: As society becomes more technology oriented, cyberstalking is becoming an increasing concern. The purpose of this paper is to compare US state and federal statutory and case law to a surve...... ... to constitute cyberstalking, and that there should be a privatecivil cause of action for cyberstalking. Findings also indicated that a substantial ... ...
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A Potential Framework For Privacy? A Reply To Hello!
In Douglas v Hello! Ltd (No 3), the Court of Appeal noted that one ramification of ‘shoehorning’ invasions of privacy into the cause of action of breach of confidence is that ‘it does not fall to b...... ... rami¢cation of ‘shoehorning ’ invasions of privacy intothe cause of action of breach of con¢dence is that ‘it does not fall to be ... ...
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Sexual Harassment in the Workplace: A United States Perspective
Sexual harassment litigation has increased significantly within the United States. It is a cause of action that was created by the judiciary to enable an employee to work in an atmosphere free from...... ... It is a cause of action that was created by the judiciary to enable an ... ...
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The Nigerian Money Laundering (Prevention and Prohibition) Bill, 2016: a critical appraisal
Purpose: This paper aims to critically examine the Money Laundering (Prevention and Prohibition) Bill, 2016. It also aims to determine the level of effectiveness of the preventive measures in the B...... ... , which analyzed variousdocuments and reports such as the Financial Action Task Force Recommendations 2012, Mutual EvaluationReports conducted by the ... makes a disclosure of information wherethat person has reasonable cause to believe that another person is engaged in moneylaundering[13].In other ... ...
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Acts of State, State Immunity, and Judicial Review in the United States
The doctrine of the Act of State and State Immunity has its foundation in common law frameworks. It is settled law that there is no cause of action that will make a foreign state liable in the dome...... ... It is settled law that there is no cause of action that will make a foreign state liable in the domestic court of ... ...
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Three Rivers District Council v Governor and Company of Bank of England
The various pre‐trial stages of these complex proceedings have been discussed in previous issues of this Journal in Vol. 5, No. 1, pp. 70–72, Vol. 7, No. 3, pp. 274–280, Vol. 8, No. 4, pp. 359–364 ...... ... and Compliance Volume 9 Number 3 House of Lords clears way for action against Bank of England Three Rivers District Council v Governor and ... or not the facts pleaded by the claimants reveal a sustainable cause of action against the Bank or whether, as the Bank had argued throughout, ... ...
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