Rachael Mulheron
Biographic Data
| ID | 5578543 |
|---|---|
| NAME | Rachael Mulheron |
| GIVEN NAMES | Rachael |
| FAMILY NAME | Mulheron |
| SIGNATURE | MULHERON R |
| AFFILIATIONS | Queen Mary University of London |
| ORCID | 0000-0002-9692-5387 |
| VERIFIED | Yes |
| TOTAL WORKS | 5 |
| TOTAL CITATIONS | 2 |
| WORKS AS AUTHOR | 5 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2006 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
Unpacking Paccar
In the most important funding decision in 20 years, the UK Supreme Court has declared in R. (PACCAR Inc. and others) v Competition Appeal Tribunal and others [2023] UKSC 28, [2023] 1 W.L.R. 2594 that, as a matter of statutory interpretation, a third-party funder’s litigation funding agreement (LFA) is a damages-based agreement (DBA) because third-party funders are offering “claims management services”. This decision, which overturned both the ear…
Legislating Dangerously
The Social Action, Responsibility and Heroism Act 2015 is a troublesome statute. The Act requires that, when considering a claim brought against a defendant in negligence or for breach of statutory duty, the court must assess whether that party was ‘acting for the benefit of society or any of its members’ (section 2), or ‘demonstrated a predominantly responsible approach towards protecting the safety or interests of others’ (section 3), or was ‘a…
The Recognition, and Res Judicata Effect, of a U nited S tates Class Actions Judgment in E ngland
U nited S tates' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both A merican and foreign (i.e., non‐ US ‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in E ngland, should absent E nglish class members wish to re‐litigate the same grievance…
Justice Enhanced
This article contends that the absence of an opt‐out class action remains a yawning gap within English civil procedure. Various recent reform proposals have favoured opt‐in procedural vehicles as the way forward. However, key features of these proposals – an opt‐in approach and the use of a representative claimant – are subject to considerable reservations in jurisprudence from both England and elsewhere. Following a critique of these features, t…
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 be treated as a tort under English law’. In contrast, this article contends that English courts should explicitly recognise and develop a framework for a tort of privacy, and outlines one possible version—comprising both privacy interests and the elemen…
Justice Enhanced
This article contends that the absence of an opt‐out class action remains a yawning gap within English civil procedure. Various recent reform proposals have favoured opt‐in procedural vehicles as the way forward. However, key features of these proposals – an opt‐in approach and the use of a representative claimant – are subject to considerable reservations in jurisprudence from both England and elsewhere. Following a critique of these features, t…
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 be treated as a tort under English law’. In contrast, this article contends that English courts should explicitly recognise and develop a framework for a tort of privacy, and outlines one possible version—comprising both privacy interests and the elemen…
Justice Enhanced
This article contends that the absence of an opt‐out class action remains a yawning gap within English civil procedure. Various recent reform proposals have favoured opt‐in procedural vehicles as the way forward. However, key features of these proposals – an opt‐in approach and the use of a representative claimant – are subject to considerable reservations in jurisprudence from both England and elsewhere. Following a critique of these features, t…
The Recognition, and Res Judicata Effect, of a U nited S tates Class Actions Judgment in E ngland
U nited S tates' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both A merican and foreign (i.e., non‐ US ‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in E ngland, should absent E nglish class members wish to re‐litigate the same grievance…
Legislating Dangerously
The Social Action, Responsibility and Heroism Act 2015 is a troublesome statute. The Act requires that, when considering a claim brought against a defendant in negligence or for breach of statutory duty, the court must assess whether that party was ‘acting for the benefit of society or any of its members’ (section 2), or ‘demonstrated a predominantly responsible approach towards protecting the safety or interests of others’ (section 3), or was ‘a…
Unpacking Paccar
In the most important funding decision in 20 years, the UK Supreme Court has declared in R. (PACCAR Inc. and others) v Competition Appeal Tribunal and others [2023] UKSC 28, [2023] 1 W.L.R. 2594 that, as a matter of statutory interpretation, a third-party funder’s litigation funding agreement (LFA) is a damages-based agreement (DBA) because third-party funders are offering “claims management services”. This decision, which overturned both the ear…
Law (5 works) · Political science (5 works) · Law and economics (4 works) · Computer Science (3 works) · Legal principles and applications (3 works) · Sociology (3 works) · Statutory law (3 works) · Business (2 works) · Class action (2 works) · Conflict of Laws and Jurisdiction (2 works)