ISSUE 2 - DECEMBER 26\2024 - MARCH 26/2025
Navigating Cross-Border Legal Complexity: Overcoming Obstacles to Recognition and Enforcement of Foreign Court Judgements
AUTHOR’S NAME – Sabitha Abdul Azeez, BSc, LLB, LLM, PGDEl, GDL.
AFFILIATION – Lecturer, KILAW.
Received on 9 January 2025, Accepted on 16 January 2025, Published on 22 January 2025
ABSTRACT:
The enforcement of foreign court judgments remains a significant challenge, with legal and business implications across borders. The current research investigates core difficulties in recognizing and enforcing foreign judgments stemming from divergent legal frameworks and jurisdictional conflicts. Through an analysis of case studies that apply different approaches, the study examines how these issues impact international trade, cooperation among judicial systems, and resolving cross-border disputes. The major findings indicate that variability in legal structures, procedural norms, and jurisdictional questions between nations compound the problems parties face enforcing judgments abroad. Complexity intensifies when disputes involve multiple jurisdictions or conflicting rulings, exacerbating uncertainty. The lack of consistent standards and processes creates tension for litigants and unease in the international legal order. To address these problems, the study proposes harmonizing recognition and enforcement regulations across signatory states.
( Volume 3 Issue 2 – 2025 )( Publication Date 22 /January/ 2025 )
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Trademarks- A Common man’s Confusion and Conflicts: From the Legal Prtcrption of UK and EU rules and regulations
AUTHOR’S NAME – Sabitha Abdul Azeez, BSc, LLB, LLM, PGDEl, GDL.
AFFILIATION – Lecturer, KILAW.
Received on 9 January 2025, Accepted on 16 January 2025, Published on 22 January 2025.
ABSTRACT:
This study investigates the balance between protecting trademark owners’ rights and promoting free market competition, with a focus on judicial approaches within the UK and EU. Employing a qualitative, desk-based analysis, this research scrutinizes case studies, laws, and court rulings from the UK, EU, and selected international contexts. It explores the role of trademarks as essential tools for market transparency and how their similarities can lead to consumer confusion and legal conflicts. Notably, cases like Adidas/Marca, L’Oréal, and IKEA vs. Ikema illustrate the varied judicial responses, highlighting the challenges new entrepreneurs face when competing against established brands with robust financial resources and extensive marketing strategies. The findings reveal a judicial predisposition towards protecting financially powerful proprietors, often at the expense of stifling market competition and innovation.
( Volume 3 Issue 2 – 2025 )( Publication Date 22 /January/ 2025 )
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Expanding the Scope of Vicarious Liability: Contemporary Challenges and Legal Adaptations in Employer-Employee Dynamics
AUTHOR’S NAME – Sabitha Abdul Azeez, BSc, LLB, LLM, PGDEl, GDL.
AFFILIATION – Lecturer, KILAW.
Received on 9 January 2025, Accepted on 16 January 2025, Published on 23 January 2025
ABSTRACT:
Vicarious liability is a key principle in tort law that holds employers responsible for the wrongful actions of their employees when these actions occur within the scope of their employment. Although this doctrine has its roots in traditional common law, its modern-day use highlights intricate challenges involving victim compensation, fairness, equitable loss distribution, and the promotion of deterrence. This study critically examines the evolving nature of vicarious liability, focusing on its doctrinal challenges and practical implications in contemporary legal and societal contexts. The study explores the doctrine’s adaptability to emerging issues such as the gig economy, platform-based work, and digital misconduct. It highlights how judicial interpretations, including Uber BV v Aslam and Barclays Bank v Various Claimants, underscore the necessity of re-evaluating traditional employment boundaries to accommodate modern work structures.
( Volume 3 Issue 2 – 2025 )( Publication Date 23 /January/ 2025 )
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