Fictitious toponyms in the responsa: Bashan's ruleset revisited

Fictitious personal names and toponyms are not infrequent in legal casenotes as used for didactic purposes nowadays. There is a long tradition of fictitious names being used in the legal literature. The problem with medieval or early modern legal (here, rabbinical) responsa is that if they are used as evidence for historical purposes, as though they were chronicles, confusion may occurs. Historian Eliezer Bashan showed that this is the case, indeed, with particular reference to rabbinical responsa from the Ottoman empire where Holy Land toponyms occur. He set forth several tentative rules to decide whether a toponym is there to literally refer to the place it names, or whether, instead, the name is used fictitiously. This paper formalizes the ruleset.

More than a nuisance: personal injury under Rylands

Discusses, by reference to case law, whether damages for personal injury are recoverable under Rylands v Fletcher liability. Considers the issue by reference to a hypothetical scenario in which a claimant suffers personal injury as a result of a chemical leak from a factory for which the factory owner is not at fault. Considers claims based on diminution in amenity and for consequential loss.

Personal and proprietary tenancies

Examines the Chancery Division ruling in London Development Agency v Nidai on whether a number of agreements providing for the construction of a bridge and shop premises on the retaining walls of a river resulted in a binding legal lease or a series of bare licences. Comments on the failure of the judgment to mention the House of Lords ruling in Bruton v London & Quadrant Housing Trust and discusses whether a Bruton tenancy is capable of binding third parties.