This Article uncovers the history of a long-forgotten English court system, the “fire courts,” which Parliament established to resolve dispute between landlords and tenants in urban areas destroyed in catastrophic fires. One of the fire courts' remarkable features was the delegation of...

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...

My student note addresses how the Virginia Courts can maintain the right to a trial by jury in complex civil cases, while protecting litigants' Fifth Amendment right, as interpreted by the Supreme Court, to present their case to a jury capable and willing to decide the case based solely on the...

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...

The probate exception to federal jurisdiction is a legal doctrine self-imposed by federal courts barring jurisdiction over probating wills or administering estates, or related actions that would interfere with property in the custody of state courts. Courts have struggled with cases that fall at...

The Supreme Court (Lord Neuberger PSC and Lord Kerr, Lord Reed, Lord Hughes and Lord Toulson JJSC) heard the case of R v GH (Respondent) [2015] UKSC 24 (22 April 2015) on appeal from a judgment of the Court of Appeal (Lloyd Jones LJ, Irwin and Green JJ) reported at [2013] EWCA Crim 2237....

It is widely accepted that a representation made prior to contract formation is “continuing” insofar as it may have a causative effect in the mind of the representee for a period of time after the representation is made. The recognition of the continuing causative effect of a pre-contractual...