The Europeanisation of English Tort Law

ENGLISH. TORT. LAW. Tort law is often regarded as the clearest example of traditional common law reasoning. ... Volume 11 in the series Hart Studies in Private Law The Europeanisation of English Tort Law Paula Giliker OXFORD AND ...

Author: Paula Giliker

Publisher: Bloomsbury Publishing

ISBN: 1782253793

Category: Law

Page: 262

View: 836

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

MiFID II and Private Law

The Europeanisation of English Tort Law (Oxford, Hart Publishing, 2014) 210. See especially OO Cherednychenko, 'Contract Governance in the EU: Conceptualising the Relationship between Investor Protection Regulation and Private Law' ...

Author: Federico Della Negra

Publisher: Bloomsbury Publishing

ISBN: 1509925317

Category: Law

Page: 288

View: 449

In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation.

EU Private Law and the CISG

She has published extensively on European private law, comparative private law, and the law of obligations (contract and tort). Her publications include monographs The Europeanisation of English Tort Law (Hart 2014) and Vicarious ...

Author: Zvonimir Slakoper

Publisher: Routledge

ISBN: 1000431401

Category: Law

Page: 244

View: 770

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Research Handbook on EU Tort Law

It can also be used to identify specific legal systems, such as European Union law or European Human Rights law, and, indeed, ... 13 See, for example, Oliphant (n 11) 448–66; Paula Giliker, The Europeanisation of English Tort Law (Hart, ...

Author: Paula Giliker

Publisher: Edward Elgar Publishing

ISBN: 178536572X

Category:

Page:

View: 975

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

Common Law and Civil Law Today Convergence and Divergence

Giliker P.The Europeanisation of English Tort Law (Oxford: Hart Publishing 2014) Chapter 3. ... J.M. Smits, 'Democracy and (European) Private Law: A Functional Approach', (2010) 2 European Journal of Legal Studies, 26-40.

Author: Marko Novakovic

Publisher: Vernon Press

ISBN: 1622738071

Category: Law

Page: 502

View: 852

Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

The Involvement of EU Law in Private Law Relationships

Each of these national legal fields is Europeanising and transnationalising, but not necessarily at the same speed and in the same way. See eg DM Trubek, Y Dezalay, R Buchanan and JR Davis, 'Global Restructuring and the Law: Studies of ...

Author: Dorota Leczykiewicz

Publisher: Bloomsbury Publishing

ISBN: 1782251057

Category: Law

Page: 492

View: 690

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

The Goals of Private Law

Note also the late-19th and early 20th century English movement, in many respects successful, to escape orthodox legal views of what the terms of contracts should be, by means of standard forms, arbitration, and a new Commercial Court ...

Author: Andrew Robertson

Publisher: Bloomsbury Publishing

ISBN: 1847317189

Category: Law

Page: 526

View: 409

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

The Europeanisation of Contract Law

A Way Forward for EU Consumer Contract Law' (2011) 7 European Review of Contract Law 235– 256. —— , 'The Acquis Principles: An Insider's Critical Reflections on the Drafting Process' (2011) 8(2) Gemeinschaftsprivatrecht 54–63.

Author: Christian Twigg-Flesner

Publisher: Routledge

ISBN: 1135923213

Category: Law

Page: 236

View: 682

Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.

The Emergence of EU Contract Law

Exploring Europeanization Lucinda Miller. —— 'The Notion of a European Private Law and a Softer Side to Harmonisation' in Lobban, M. and Moses, J. (eds), The Making of European Tort Law: Legal and Social Philosophy (Cambridge: Cambridge ...

Author: Lucinda Miller

Publisher: Oxford University Press

ISBN: 0199606625

Category: Law

Page: 280

View: 710

The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.

Public Liability in EU Law

W van Gerven and J Lever et al, Cases, Materials and Text on National, Supranational and International Tort Law (Oxford, Hart Publishing, 2000)889ff, 946–56. 23 An interesting contribution also covering cultural aspects of private law ...

Author: Pekka Aalto

Publisher: Bloomsbury Publishing

ISBN: 1847318193

Category: Law

Page: 278

View: 704

Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.