Private Law's Remedial Structure: Claimant Standing, Defendant Liabilities, and Court Orders

20 Pages Posted: 25 Jun 2021 Last revised: 28 Jun 2021

See all articles by Timothy Liau

Timothy Liau

London School of Economics - Law School

Date Written: June 23, 2021

Abstract

Standing is a well-recognised idea in public law. Yet, to the private lawyer working within the law of obligations, it remains a relatively neglected concept. Standing seems to have gone missing. To rehabilitate standing from relative obscurity it first needs to be distinguished from neighbouring related concepts that could occlude it from view. This article deals with one such concept. Its central claim is that standing, a power of the claimant, needs to be better differentiated from the court’s powers to issue orders. Both are significant, and neither power should be collapsed into the other. This is crucial to carving out the necessary conceptual space for a deeper understanding of standing’s place and significance within the remedial structure of private law.

Keywords: Standing, Court, Liabilities, Remedies, Corrective Justice, Civil Recourse, Right of Action

Suggested Citation

Liau, Timothy, Private Law's Remedial Structure: Claimant Standing, Defendant Liabilities, and Court Orders (June 23, 2021). NUS Law Working Paper No. 2021/012, Available at SSRN: https://ssrn.com/abstract=3872532 or http://dx.doi.org/10.2139/ssrn.3872532

Timothy Liau (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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