Migrant and Refugee Border Deaths: Defining A Human Rights Framework

Creating easements with ease: Re Ellenborough Park test revisited

– William Wong , Notes Editor (Private Law) Case note: Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 William Wong A. Introduction The law of easement, a seemingly dry and technical aspect of land law, has been rejuvenated in the recent UKSC case of Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd . [1] Much of the confusion surrounding the law is attributed to the archaic language of the Re Ellenborough Park test. The present case turns on whether the right to the free use of sporting and recreational facilities provided in a country club may be conferred upon the owners of an adjacent timeshare complex by easements. In doing so, the Court revisited and shed new lights on the classic four-limb test. This note analyses the majority’s reasoning. While recognising its laudable objectives, it then argues that Lord Carnwath’s orthodox approach is sounder in principle and policy. B. Background facts The case concerns Broome Park, a country e...

Darnley v Croydon Health Service NHS Trust: delineating duty and breach

– William Wong , Notes Editor (Private Law) Case Note: Darnley v Croydon Health Service NHS Trust [2018] UKSC 50, [2018] 3 WLR 1153 A. Introduction [1] Darnley v Croydon Health Service NHS Trust [2] (‘ Darnley ’) deals with the deceptively simple trio of negligence – duty of care, breach, and causation. In recent years, some judges have conflated them in a composite assessment by over-specifying the content of duty of care. In this refreshingly succinct judgment, the Supreme Court (‘ UKSC ’) gave a principled analysis of the nature of these components and preferred a more systematic and compartmentalised approach. B. Brief Facts The Appellant attended the Accident and Emergency Department at Mayday Hospital, Croydon.[3] Despite having indicated to the receptionist that he had a head injury required urgent attention, he was told of a waiting time of 4 to 5 hours. In fact, the hospital’s policy would require a nurse to attend to the Appellant within 30 minutes. [4]...

Hoffmann vs Sumption – Reconciling the battle on contractual interpretation?

– William Wong , Notes Editor (Private Law) Introduction What is more exciting than a legal tirade between two of the most prominent English judges? Contractual interpretation is the bread-and-butter work of the commercial courts. Whilst it does not attract huge attention in an undergraduate contract law syllabus, its paramount importance in commercial contracting certainly deserves the ink spilled by the duo. In an annual lecture, Lord Sumption revisited the age-old debate on the proper approach to contractual interpretation.[1] This was soon greeted with fierce criticism by Lord Hoffmann in a Law Quarterly Review article.[2] I will present their arguments, and examine how successful the attempt at reconciliation has been. A little bit of history To understand the debate properly, one has to travel briefly back into history. Under a traditional textual analysis, the courts regarded the ‘natural and ordinary’ or ‘plain’ meaning of contractual words as almost concl...

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