The current relationship between UK and Strasbourg is politically fraught, which presents inevitable challenges for both jurisdictions. This article will analyse how the Strasbourg Court has responded to these challenges when dealing with applications against the UK, particularly when an application is brought following determination by the UK Supreme Court. It will be argued that there is some evidence that the Strasbourg Court has recently been using the admissibility stage as a novel site for effecting strategic behaviour, in order to moderate and influence UK–Strasbourg relations. The effect of this recent inclination, and some possible justifications for it, will then be set out.
only to liability but to questions of duties and responsibility. Here, the author concentrates to some degree on private law remedies, referred to as a 'disciplining technique', thus staying with the theme of investor protection. There is also a comparison with the Australian judicial approach. The detailed navigation of the, often complex, issues that arise is helpful for those readers less familiar with common law and equitable doctrines of estoppel. Whilst the case law around claims in economic loss, and assumption of responsibility in establishing a duty of care in negligence, may be familiar territory for the tort lawyer, for others it may be more difficult to follow. The author guides the reader through, the sometimes controversial, case law, and how these cases influence the possibility of finding a duty of care vis-à-vis CRAs. The exploration of the complicated nexus between common law and that enshrined in regulation and statute is a good one, and the analysis of how the lack of a harmonised liability under EU law and the conclusion (240) that this is a 'missed opportunity' provides a nice juxtaposition. Separately the author addresses recognised arguments for and against around the approach of simply regarding CRAs as 'journalists'. This puts a spotlight on the appropriateness of freedom of speech protection provided by the First Amendment of the US constitution, the author asking whether CRAs really are something more akin to professional intermediaries. Yet, whilst the Dodd Frank Act introduced professional liability for CRAs, the author provides a sound argument for why this measure is not as effective as it could be. This book provides a fascinating insight into the world of the CRA and the wider impact of the CRA on markets, investors and the economy. It demonstrates the importance of good governance and regulatory structures and provides some potential answers to the important issues that dominate, through its detailed exposition and analysis. It would be of particular interest to those wishing to gain more detailed knowledge about CRAs, their regulation and governance, whether for research or wider reference.
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