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Paula Giliker

Biographic Data

ID5578573
NAMEPaula Giliker
GIVEN NAMESPaula
FAMILY NAMEGiliker
SIGNATUREGILIKER P
AFFILIATIONSUniversity of Bristol
ORCID0000-0003-1339-8196
VERIFIEDYes
TOTAL WORKS9
TOTAL CITATIONS0
AUTHOR COUNT9
EDITOR COUNT0
FIRST PUBLICATION YEAR1999
LATEST PUBLICATION YEAR2024
H-INDEX0
  • Vicarious liability in the UK Supreme Court and High Court of Australia

    Open Access•Paula Giliker•ARTICLE•Legal Studies•2024

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

  • Reparation for non-recent institutional child sexual abuse in England and Wales and Australia

    Open Access•Paula Giliker•ARTICLE•Legal Studies•2024

    This paper examines the question of reparation for non-recent institutional child sexual abuse in England and Wales and Australia in the light of independent inquiries which reported in 2022 (England and Wales) and 2017 (Australia). Both inquiries recommended the introduction of state-based redress schemes that would exist alongside private law. While the new UK government considers how to proceed, Australia has established a national redress sch…

  • Codification, Consolidation, Restatement? How Best to Systemise the Modern Law of Tort

    Open Access•Paula Giliker•ARTICLE•International and Comparative Law…•2021•References: 3

    The law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintai…

  • Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia

    Open Access•Paula Giliker•ARTICLE•The Cambridge Law Journal•2018

    This paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest court…

  • The Influence of Eu and European Human Rights Law on English Private Law

    Open Access•Paula Giliker•ARTICLE•International and Comparative Law…•2015•References: 37

    This article examines the extent to which EU and European human rights law, following the enactment of the European Communities Act 1972 and the Human Rights Act 1998, have changed the manner in which English courts use comparative law in the private law field. Despite legislative intervention rendering EU law part of the national legal system and requiring the courts ‘to take into account’ the jurisprudence of the European Court of Human Rights,…

  • Codifying Tort Law

    Open Access•Paula Giliker•ARTICLE•International and Comparative Law…•2008

    This article deals with a topic at the heart of modern comparative law: codification of private law on a national and European level. It offers a critical assessment of the recent French attempt to redraft the obligations provisions of its civil code, focusing on the revisions to the law of tort or delict. There has been little analysis of these provisions within or outside France. This article examines the key changes proposed and identifies the…

  • A Role For Tort In Pre-Contractual Negotiations? An Examination Of English, French, And Canadian Law

    Open Access•Paula Giliker, Giliker Paula•ARTICLE•International and Comparative Law…•2003•References: 16

    The common law has traditionally regarded the question of pre-contractual liability as a matter of contract formation. 2 Where the claimant is able to satisfy the rules of offer and acceptance, consideration, an intention to be bound, and certainty, contract law possesses a number of tools capable of resolving disputes arising prior to contract. For example, the courts will utilise the law of misrepresentation and mistake and, if necessary, imply…

  • Rough Justice in an Unjust World

    Open Access•Paula Giliker•ARTICLE•Modern Law Review•2002

  • Barclays Bank v O’Brien Revisited

    Open Access•Paula Giliker•ARTICLE•Modern Law Review•1999

No prominent works on this page.

  • Barclays Bank v O’Brien Revisited

    Open Access•Paula Giliker•ARTICLE•Modern Law Review•1999

  • Rough Justice in an Unjust World

    Open Access•Paula Giliker•ARTICLE•Modern Law Review•2002

  • A Role For Tort In Pre-Contractual Negotiations? An Examination Of English, French, And Canadian Law

    Open Access•Paula Giliker, Giliker Paula•ARTICLE•International and Comparative Law…•2003•References: 16

    The common law has traditionally regarded the question of pre-contractual liability as a matter of contract formation. 2 Where the claimant is able to satisfy the rules of offer and acceptance, consideration, an intention to be bound, and certainty, contract law possesses a number of tools capable of resolving disputes arising prior to contract. For example, the courts will utilise the law of misrepresentation and mistake and, if necessary, imply…

  • Codifying Tort Law

    Open Access•Paula Giliker•ARTICLE•International and Comparative Law…•2008

    This article deals with a topic at the heart of modern comparative law: codification of private law on a national and European level. It offers a critical assessment of the recent French attempt to redraft the obligations provisions of its civil code, focusing on the revisions to the law of tort or delict. There has been little analysis of these provisions within or outside France. This article examines the key changes proposed and identifies the…

  • The Influence of Eu and European Human Rights Law on English Private Law

    Open Access•Paula Giliker•ARTICLE•International and Comparative Law…•2015•References: 37

    This article examines the extent to which EU and European human rights law, following the enactment of the European Communities Act 1972 and the Human Rights Act 1998, have changed the manner in which English courts use comparative law in the private law field. Despite legislative intervention rendering EU law part of the national legal system and requiring the courts ‘to take into account’ the jurisprudence of the European Court of Human Rights,…

  • Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia

    Open Access•Paula Giliker•ARTICLE•The Cambridge Law Journal•2018

    This paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest court…

  • Codification, Consolidation, Restatement? How Best to Systemise the Modern Law of Tort

    Open Access•Paula Giliker•ARTICLE•International and Comparative Law…•2021•References: 3

    The law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintai…

  • Vicarious liability in the UK Supreme Court and High Court of Australia

    Open Access•Paula Giliker•ARTICLE•Legal Studies•2024

    An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button

  • Reparation for non-recent institutional child sexual abuse in England and Wales and Australia

    Open Access•Paula Giliker•ARTICLE•Legal Studies•2024

    This paper examines the question of reparation for non-recent institutional child sexual abuse in England and Wales and Australia in the light of independent inquiries which reported in 2022 (England and Wales) and 2017 (Australia). Both inquiries recommended the introduction of state-based redress schemes that would exist alongside private law. While the new UK government considers how to proceed, Australia has established a national redress sch…

Law (9 works) · Political science (9 works) · Legal principles and applications (6 works) · Liability (5 works) · Tort (5 works) · Law (4 works) · Common law (3 works) · Comparative and International Law Studies (3 works) · Comparative law (3 works) · Computer Science (3 works)

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