Jurisdictions and Causes of Action in Bullying, Stress and Harassment Cases Part 1

This is the first of a two part article in which the author will critically evaluate the different causes of action and myriad of jurisdictions for bringing a claim in the inter-related fields of bullying, stress and harassment in the workplace from a commercial law perspective. The author will define and trace the separate headings under which the law governing bullying, stress and harassment has evolved. In the second part of the article (which willappear in the next edition of the journal), the author will examine recent developments in tortious claims for psychiatric injuries arising from bullying, stress and harassment cases, and raise the question whether it would be more appropriate to streamline and codify this area of law in order to provide greater clarity to potential litigants and employers

Air Passenger Rights:a New Departure in European Aviation Law

The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impactit will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement bodies will attempt to implement the provisions of the Regulation and the likely difficulties that may be encountered where “extraordinary circumstances” arise

Jurisdictions and Causes of Action: Commercial Considerations in Dealing with Bullying, Stress and Harassment Cases-Part II

In the concluding part of this two part article, the author willexamine how the courts have developed rules for dealing withtortious claims for psychiatric injuries arising out of bullying, stressand harassment cases. The article will examine whether it isdesirable to consolidate and codify employment rights law in orderto provide clarity to prospective litigants. Finally, the author willargue that if codification is required, then this will necessitate achange in the nature of present jurisdictions for bringing claimsinvolving bullying, stress and harassment in the workplace

Creating a Framework for a Single European Sky:the Opportunity Cost of Reorganising European Airspace

The object of this article is to critically evaluate the legal framework for a European Single Sky project in light of the recent European Court of Justice decision in International Air Transport Association v The Department of Transport. The article will examine in detail the framework regulations outlining the major provisions from the recommendations of the Commission\u27s High Level Group in 2000, to the implementation at a micro-level by national authorities of the legislation adopted in 2004. Furthermore, this article will examine whether the savings to air service providers from the Single European Sky project in the long term will be negated by the short term outgoings associated with compensating passengers in the event of delays, cancellations and denied boardings caused by non-systemic factors