Recent publications - A Guide to the WADA Code, CUP 2008
Cambridge University Press has recently published A Guide to the World Anti-Doping Code - A Fight for the Spirit of Sport by Paul David. The text provides a guide to the international regime which aims to assist all who may have to deal with doping matters under the Code, whether as administrators, advisors, or adjudicators. Commercial / contract lawTwo decisions concerning the assessment of damages in the context of breaches of charterparties by the House of Lords illustrate the difficult issues which can arise in applying well established general principles of contract law concerning the recovery and assessment of damages to particular cases. For more, see recent paper on Damages for breach of contract - the difficulty of applying the principles to real cases. The Supreme Court has applied its decision in Otago Estates v Parker to the obligation to make payment in exercising an option to purchase land in Greenmount Manufacturing Limited v Southbourne Investments Limited. For more, refer Contract Law Review 2008. Maritime lawCarriage of Goods by Sea
Recently the United Nations General Assembly adopted the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea. This Convention is intended to replace the Hague-Visby Rules. The Convention will be open for signature by States from 23 September 2009 when a ceremony will take place in Rotterdam. It will be interesting to see whether States choose to adopt the new Rotterdam Rules. This question will be under consideration in New Zealand in 2009. Marine pollution
The US Supreme Court has recently ruled that the punitive damages award against Exxon of $2.5 billion in respect of the Exxon Valdez oil spill was excessive and should be reduced to an amount equal to the compensatory damages awarded ($507.5 million). This decision brings to an end the litigation arising from the grounding of the Exxon Valdez in Prince William Sound, Alaska in 1989. For more, see Legal News. Judicial reviewThe Court of Appeal recently allowed an appeal from a decision in the High Court which had set aside a contract awarded by a District Health Board for the provision of laboratory test services. A significant issue in the case was the scope of judicial review of decisions by a public body in a commercial tender process. The Court of Appeal did not agree with the approach to the question of review adopted in the High Court and favoured a narrower approach in the commercial context. While disagreeing as to the correct legal approach, the Court of Appeal also disagreed with the findings on the facts which the High Court had held justified the quashing of the decision. The unsuccessful party in the Court of Appeal has sought leave to appeal to Supreme Court. The Supreme Court recently dismissed an appeal by a race jockey, Lisa Cropp, challenging the legality and enforceability of the rules of racing under which she had been selected to be drug tested. The Court held that the rules were validly made under the statutory rule making power. While the rider’s consent to the rules did not operate to exclude the possible relevance of the Bill of Rights protections to the interpretation of the rules, the Court held that the random drug testing regime was a reasonable response to the safety issues which arose from the use of drugs by riders and was consistent with the Bill of Rights. The rules were, accordingly, lawful. An unfortunate feature of the case is that, under the particular anti-doping regime in racing, the rider has been free to continue to ride, notwithstanding a positive drug test, while her challenge went through the Courts. The sporting disciplinary hearing was adjourned pending the Court process but has recently been concluded. A decision from the racing tribunal is expected early in the New Year. Anti-Doping in sportAmended Sports Anti-Doping Rules (2009)
The Sports Anti-Doping Rules (2007) have been amended to incorporate the changes in the World Anti-Doping Code 2009. The SADR (2009) will come in to force on 1 January 2009. One of the main aims of the SADR (2009) is to provide for greater flexibility as to the sanctions which may be imposed for anti-doping rule violations. For the new Rules, see Drug Free Sport New Zealand website: www.drugfreesport.org.nz. Recent papersPaul recently chaired a contract law conference run by the Auckland District Law Society. At the conference, he gave a paper entitled “Damages for Breach of Contract - The difficulty of applying the principles to real cases”.
For further papers presented at contract law conferences, see, Contract Law Review 2008, which followed his 2007 paper Contract Law Review, and 2006 paper on Developments in Contract law.
See also recent developments in Shipping Law. | 