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Who then in law is my neighbour?

Thu, 12 Jan 2012 16:11:09 GMT

Beginning on 24 May an international conference will be held at the University of West Scotland in Paisley celebrating 80 years of the seminal case of Donoghue v Stevenson.

Institute Director Ken Oliphant will be delivering a lecture titled ' The Neighbour Principle as General Clause’ as part of a plenary session during the conference.

More details on the programme and registration options are available here.

Mr J A (Tony) Weir

Wed, 14 Dec 2011 15:43:46 GMT

It is with great sadness that the Institute has learned of the death of Mr Tony Weir who for 50 years had been a fellow of Trinity College Cambridge. A renowned tort lawyer, his translation of Zweigert and Kötz's An Introduction to Comparative Law introduced a generation of English lawyers to comparative law and remains the foundation of many courses.

Institute Director Ken Oliphant said: 'The English academy has lost one of its iconic figures. His work - always stylishly written and erudite, frequently provocative - was an inspiration to me, as it was for many others, as well as being a great source of memorable quotations. Just one example, illustrating his aversion to normative theories of tort law: 'Tort is what is in the tort books, and the only thing holding it together is the binding' (Tort Law, 2002, ix). Though his writing was often prickly and outspoken in its criticism of others, he was in person an extremely kind man, and always willing to support younger colleagues who went to him for help. RIP.'

[UPDATE 11/01/12] An ongoing bibliography of Mr Weir's work is available here (http://www.law.ed.ac.uk/sln/blogentry.aspx?blogentryref=8825).

New Publication: European Tort Law Yearbook 2010

Thu, 24 Nov 2011 09:55:36 GMT

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States and also provides contributions from Norway and Switzerland. Furthermore, an overview of the developments in the field of EU law is provided. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions.

H Koziol/BC Steininger (eds), European Tort Law 2010 (2011), ISBN 978-3-11-023941-6.

New Publication: Tort Law in the Jurisprudence of the European Court of Human Rights

Thu, 24 Nov 2011 09:20:38 GMT

The Institute for European Tort Law of the Austrian Academy of Sciences (ETL) supported by the European Centre of Tort and Insurance Law embarked in 2009 on a project dealing with Human Rights and Tort Law. The goal of this project was to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, the compensation of pecuniary and non-pecuniary loss, non-compensatory remedies, reduction of damages due to contributory negligence and reduction clauses - namely when applying Article 41 of the Convention on Human Rights (ECHR).

These issues are examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and compared with general principles of EC Tort Law, the Principles of European Tort Law as well as the national tort law systems of Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavian Countries, Spain, Switzerland and Turkey. The study also contains five special reports on the following topics: 'Methodological Approaches to the Tort Law of the ECHR' (written by Prof. Dr. Dr. h.c. mult. Franz Bydlinski, em. Vienna University), 'Human Rights and Tort Law' (by Prof. Dr. Walter Berka, Salzburg University), 'Just Satisfaction’ in Art 41 ECHR and Public International Law – Issues of Interpretation and Review of International Materials' (by Prof. Dr. Wolfram Karl, Salzburg University), 'Just Satisfaction under Art 41 ECHR: A Compromise in 1950 – Problematic Now' (by DDr. Elisabeth Steiner, Austrian Judge at the ECtHR in Strasbourg) and 'Can the Reparation Awarded to Victims of Violations under the ECHR be Considered as Real ‘Just’ Satisfaction?' (by Prof. Dr. Dr. h.c. Michel de Salvia, Professor at Cattolica del Sacro Cuore University, Milan, Vice-President of the International Institute of Human Rights in Strasbourg and former Registrar and Jurisconsult at the ECtHR) (the contributions by Prof. Bydlinski and Prof. Berka are also be published in German). Concluding remarks are also included.

Attila Fenyves/Ernst Karner/Helmut Koziol/Elisabeth Steiner (eds), Tort Law in the Jurisprudence of the European Court of Human Rights (2011), ISBN 978-3-11-025966-7.

New Publication: Digest of European Tort Law, Vol 2 – Essential Cases on Damage

Thu, 24 Nov 2011 08:50:34 GMT

The increasing Europeanization of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history.

The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

B Winiger/H Koziol/BA Koch/R Zimmermann (eds), Digest of European Tort Law, Vol 2: Essential Cases on Damage (2011), ISBN 978-3-11-024848-7

Upcoming Juristenrunde: Punitive Damages – A Modern Conundrum of Ancient Origin

Wed, 16 Nov 2011 14:55:27 GMT

The Institute is pleased to announce that on 5 December 2011 it will be hosting a lecture by retired Israeli Supreme Court Justice Izhak Englard. The title of the lecture is 'Punitive Damages – A Modern Conundrum of Ancient Origin'. The lecture will begin at 5pm. All are welcome. Please contact etl@oeaw.ac.at for more information.

Principles of European Tort Law: Text and Commentary in French

Fri, 30 Sep 2011 17:38:34 GMT

The European Group on Tort Law (EGTL) is pleased to announce the translation of its Principles of European Tort Law: Text and Commentary into French: Principes du droit européen de la responsabilité civile: Textes et commentaires (ISBN: 978-2-908199-96-3)
The Group would like to express its unreserved admiration to Olivier Moréteau for initiating the project and the French Society of Comparative Law (la Société de législation comparée), the Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law for their generous auspices.

Further information (in French) and details on how to purchase a copy of the text can be found [here]

Forthcoming Publication: Essential Cases on Damage

Mon, 26 Sep 2011 14:05:54 GMT

The Institute is proud to announce the completion of the second Digest of European Tort project, Essential Cases on Damage. The Institute embarked on the project with its collaboration partner, the University of Geneva, in February 2008 and the study was brought to a successful end in June 2011. A book edited by B Winiger/H Koziol/B Koch/R Zimmerman, Digest of European Tort Law, vol 2 Essential Cases on Damage is due out in November 2011. In addition, key cases will be accessible via Eurotort, a comprehensive web-based database on tort cases (www.eurotort.org).

Upcoming Juristenrunden Reminder

Wed, 21 Sep 2011 15:39:39 GMT

On 29 September at 10am Prof Christopher Miller (Salford) will be delivering a lecture entitled 'Causation after Sienkiewicz: The Confusion continues'. This lecture will examine recent developments in the difficult area of natural causation in England focusing in particular on the fields of tobacco, vaccines and defective drugs as well as the relationship of the courts to statistical evidence in personal injury cases.

All are welcome, please contact Sonja Akbal at ectil@ectil.org

Upcoming Juristenrunde: Punitive Damages – A Modern Conundrum of Ancient Origin

Wed, 21 Sep 2011 15:30:59 GMT

The Institute is proud to announce a lecture by Izhak Englard as part of its Juristenrunde series.

Englard is a Bora Laskin Professor of Law (Emeritus) at the Hebrew University Jerusalem, a retired Justice of the Supreme Court of Israel, and a Member of the Israel Academy of Sciences and Humanities. He has authored several publications, inter alia, in the field of tort law.

His topic, Punitive Damages – A Modern Conundrum of Ancient Origin, is one which is both current and controversial.
The lecture, to be held at the Institute’s premises on Monday, 5 December 2011 at 5pm, is open to the public at no cost to participants. There will be ample opportunity to ask questions at the close of the event.

To register your interest in attending, please e-mail Sonja Akbal at ectil@ectil.org

New Publications by Institute Staff

Thu, 08 Sep 2011 14:26:08 GMT

The following books, articles, comments and reviews were published by Institute staff members in the period 1 January to 31 August 2011. They cover a wide range of topics within the field of European Tort Law from the liability of banks to continuing difficulties in the law surrounding causation and many areas in between. [Download]

JETL 2/2011 now available

Wed, 07 Sep 2011 18:20:35 GMT

JETL 2/2011 is now available in print and online. As always this issue contains the papers from the special session of this year's Annual Conference on European Tort Law. These four papers all focus on the challenging area of liability for omissions. The contents are as follows:

Liability for Omissions – Basic Questions
Helmut Koziol
Ex nihilo responsabilitas fit, or the Miracles of Legal Metaphysics
Pierre Widmer
Affirmative Duties of Care in the Common Law
Eoin Quill
Liability for Omissions in Tort Law: Economic Analysis
Michael G Faure

Also in the issue are reviews of recent works on tort law by John CP Goldberg and Benjamin C Zipursky, Corinne Widmer, Magdalena Tulibacka and ETL staff member Thomas Thiede.

The Journal can be accessed online [here]

Upcoming Juristenrunden Reminder

Wed, 24 Aug 2011 16:16:45 GMT

On 25 August Thomas Puksyms (Mykolas Romeris University, Vilnius) will deliver lecture titled: ‘Präventivfunktion des Schadenersatz für Persönlichkeitsverletzungen? Rechtsvergleichende Betrachtungen des deutschen und litauischen Rechts’

On 29 August Petrol Olesya (Lomonosov University, Moskau) will deliver a lecture titled: ‘Russian Tort Law: general clause or protected rights system?’

Both lectures will begin at 10am. All are welcome.

EGTL Updates: State Liability Conference on Thursday, 13 October 2011

Fri, 12 Aug 2011 16:06:55 GMT

In April 2011, the European Group on Tort Law (EGTL) formally embarked on its second post-reunification project (State Liability) under the leadership of Ken Oliphant (Director of the Institute for European Tort Law (ETL)). State Liability will dominate the agenda of a further EGTL meeting to take place on 14–15 October 2011.
The later will be preceded by a conference hosted by ETL’s long-standing co-operation partner, the University of Geneva. The event, to be held on 13 October 2011, will be attended by nearly all the EGTL’s members and is open to the public. For further details and the programme (*.pdf), click [here].

The EGTL’s first post-reunification project Proportional Liability: Analytical and Comparative Perspectives, under the editorship of I Gilead/MD Green/BA Koch, is scheduled for publication in 2012.

Symposium: WikiLeaks – New Rules for New Forms of Communication?

Thu, 11 Aug 2011 09:55:16 GMT

On October 41, 4:30 pm the Symposium "Medienpolitik und Recht" organized by the Institute and the Commission for Comparative Media and Communication Studies will take place at the Austrian Academy of Sciences. Following on from the successful first series of seminars, this first installment of the second series will focus on questions concerning the legal implications of new forms of digital media such as WikiLeaks.
o.Univ.-Prof. Dr. Walter Berka (University Salzburg), Dipl.-Inf. Constanze Kurz (Press Officer of the Chaos Computer Club, CCC, Berlin; official expert of the Enquête-Commission ‘Internet and digital Society’ of the German Bundestag) and Univ.-Prof. Dr. Caja Thimm (University Bonn) will discuss this theme from various perspectives.

[More information in German]

Upcoming Conferences at Oxford

Wed, 03 Aug 2011 14:55:00 GMT

Two conferences of interest are being held in Oxford in September:

The first 'Inuria and the common law' (9-10 September) seeks to investigate in what respects the delict of iniuria overlaps with, fall short of or exceeds its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and, finally, the degree to which the Roman proto-delict points the way to future development or rationalisation in each of these three legal system.

More information can be found [here]

The second 'The Involvement of EU Law in Private Law Relationships' (28-29 September) sets out to examine how individuals become affected by the operation of EU law and its doctrines. At the substantive level we would like to establish where EU law intervenes in private law relationships and which instruments of EU law apply directly in national proceedings. At the constitutional level we would like to investigate the question of the appropriateness of EU law’s involvement in private law relationships and how this involvement could be normatively justified.

More information can be found [here]

New Publication: Medical Liability in Europe

Fri, 22 Jul 2011 16:44:51 GMT

Ten years on from the first book in the Tort and Insurance Law series, a new title revisits the evergreen topic of medical liability. This volume, covering 13 European jurisdictions, examines the continued expansion and development of this area. Alongside a detailed description of each system analysis of six hypothetical cases provides a picture of each system in action.

The jurisdictions covered are: Austria, Belgium, Czech Republic, England, France, Germany, Hungary, Italy, the Netherlands, Poland, Sweden and Switzerland.

These national reports are rounded off with a comparative analysis written by the volume's editor Prof Bernhard Koch.

BA Koch (ed), Medical Liability in Europe: A Comparison of Selected Jurisdictions (2011) ISBN 978-3-11-026010-6.

More information from the publisher can be found [here]

Lord Rodger of Earlsferry

Thu, 30 Jun 2011 13:41:11 GMT

It is with great regret that the Institute passes on the sad news of the death of Lord Rodger of Earlsferry, justice of the UK Supreme Court. Lord Rodger was one of the most respected Roman and comparative lawyers of his generation. The Institute was privileged to have his presence at the ECTIL 10th Anniversary celebrations where he spoke on the House of Lords' reliance on Roman and comparative law in its Fairchild decision of 2002.

A full obituary can be read [here]

Upcoming Juristenrunde: Liability for Economic Loss

Tue, 07 Jun 2011 17:24:49 GMT

On 27 June Prof Ellen M Bublick (Arizona) will be giving a lecture at the Institute titled 'Liability for Economic Loss: Establishing Consistent Norms'.

In the United States, tort law is determined at the state rather than the federal level. As a consequence, rules concerning liability for economic loss can vary significantly among the fifty states. In her talk, Professor Bublick will address the traditional way in which states in the United States have approached liability for economic loss, as well as some conflicting current approaches. Professor Bublick will then discuss efforts in the United States to harmonize disparate state law, and the ways in which those efforts can draw from European efforts at harmonization.

The lecture will begin at 10am. All are welcome.

Please contact etl@oeaw.ac.at

UK Supreme Court Goes Live

Wed, 18 May 2011 14:12:00 GMT

From 16 May the UK Supreme Court will be televising live cases as they are argued before the court.

Coverage can be found on: http://news.sky.com/skynews/Supreme-Court

Along with the court's own website (http://www.supremecourt.gov.uk/index.html) which gives details of upcoming cases and judgments, readers may be interested in the commentary provided on upcoming cases available on the UKSC Blog (http://ukscblog.com/).

Publications by Members of the Institute in the First Quarter 2011

Wed, 11 May 2011 12:10:34 GMT

Alongside the many varied Projects undertaken by the Institute the Scientific Staff maintain a healthy publication record of their own also covering a wide range of legal areas. For the first Quarter of 2011 the publications by the Scientific Staff of Institute are as follows:

E Karner, H Koziol, BC Steininger, Keine Schadenersatzansprüche wegen der Geburt eines Kindes? JBl (Juristische Blätter) 2011, 132-13.
E Karner, Schutz vor Naturgefahren und Haftung, ZVR (Zeitschrift für Verkehrsrecht) 2011, 112-118.
H Koziol, Auslegung und Beurteilung der Sittenwidrigkeit von AGB-Klauseln im Verbandsprozess, RdW (Österreichisches Recht der Wirtschaft) 2011, 67-69.
H Koziol, Haftung für unzulängliche Beratung bei Vermögensveranlagung,
Versicherungsrundschau 2011, 20-26.
H Koziol, Incorrect advice to investors and the liability of banks, Journal of Contemporary Roman-Dutch Law 74 (2011) 20-26.
K Oliphant, Private and Social Insurance, in: C Sappideen, P Vines (eds), Fleming’s The Law of Torts (10th edn) 415–430.
K Oliphant, Working Group on Civil Litigation Costs (chair Ken Oliphant), On a Slippery Slope – A Response to the Jackson Report, February 2011, .

The 10th Annual Conference on European Tort Law – a Success!

Thu, 05 May 2011 13:19:21 GMT

From April 28, to April 30, 2011 the 10th Annual Conference on European Tort Law took place in Vienna. This year more participants than ever attended the conference organized by the Institute for European Tort Law of the Austrian Academy of Sciences (ETL) and the European Centre of Tort and Insurance Law (ECTIL).

Once again the conference provided a forum for both academics and practitioners to learn about and discuss the most recent developments in Tort Law during 2010. Lectures were provided by Country reporters from 27 jurisdictions as well as by international experts in the field of Liability for Omissions.

Moreover, a collection of English versions of basic tort law texts from 27 national systems in Europe was launched on the occasion of the Conference, dedicated to the conference’s founder, Helmut Koziol (Ken Oliphant and Barbara C Steininger (eds), European Tort Law: Basic Texts).

The 11th Annual Conference on European Tort Law will take place from April 12 to April 14, 2012.

New publication: European Tort Law: Basic Texts (eds Ken Oliphant and Barbara C Steininger, 2011)

Tue, 03 May 2011 10:47:26 GMT

This unique collection makes available, for the first time in a single volume, English versions of basic tort law texts from 27 national systems in Europe. It includes key provisions of national civil codes and other important legislative enactments, as well as extracts from leading cases. Additional chapters deal with EU Law (EU Tort Law and EU Conflict of Laws) and the European harmonisation projects (the Principles of European Tort Law and the Draft Common Frame of Reference).
The book was launched on the occasion of last week’s 10th Annual Conference on European Tort Law in Vienna, and is dedicated to the conference’s founder, Helmut Koziol.
The book is published by Jan Sramek Press in Vienna, on behalf of the Institute for European Tort Law (Austrian Academy of Sciences) and the European Centre of Tort and Insurance Law. It can be ordered at the price of Euro 29,90 (excluding postage and packing) through the publishers' website www.jan-sramek-verlag.at, by emailing Sabine Warschitz at sabine.warschitz@jan-sramek-verlag.at or by using this order form.

Other recent publications (available from de Gruyter, Berlin):

European Tort Law 2009 (eds Helmut Koziol and Barbara C Steininger, 2010)
Damage Caused by Genetically Modified Organisms. Comparative Survey of Redress Options for Harm to Persons, Property or the Environment (ed Bernhard A Koch, 2010)

Further information about these and other titles, and about the Journal of European Tort Law, is available through www.degruyter.com.

Upcoming Conference: Moral Values and Private Law (KCL)

Wed, 13 Apr 2011 15:51:12 GMT

The School of Law at King's College London is pleased to announce its exciting forthcoming conference of June 16 and June 17, 2011: Moral Values and Private Law. Over five sessions, spanning contract, property, restitution, tort, and equity generally, the conference seeks to question what moral philosophy can, does or must contribute to the understanding and development of private law.

More information is available [here]

Upcoming Conference: Le droit français de la responsabilité civile confronté aux projets européens d’harmonisation

Tue, 05 Apr 2011 20:25:38 GMT

Information has reached the Institute of an upcoming conference in Paris on the 13 May focusing on French law.

More details can be found [here]

A booking form can be downloaded [here]