Journal articles
2026
What is Strasbourg’s Theory of Environmental Human Rights?
(2026) Journal of Environmental Law eqag032 Open access
Argues that the European Court of Human Rights’ environmental case law, particularly its recent judgments, is moving from a ‘quasi standalone rights’ model towards recognising a limited standalone right to a safe and healthy environment.
2025
The Limits of Climate Change Litigation in the European Court of Human Rights
(2025) 6 European Convention on Human Rights Law Review 443
Identifies four limits, grounded in the Court’s earlier environmental case law, on how far the Strasbourg Court is likely to go in climate change cases after KlimaSeniorinnen.
2023
Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights
(2023) 23 Human Rights Law Review ngad014
Develops an indirect utilitarian account of proportionality in the Strasbourg case law, explaining why Convention rights resist trade-offs and how the public interest weighed against them should be understood.
Strasbourg’s Views on the Modern Mirror Principle: Shattering the Mirror?
[2023] Public Law 628
Argues that the European Court of Human Rights favours a looser relationship between national courts and its case law than the ‘mirror principle’ developed by the UK courts.
2022
Hard Cases, Bad Law: How Philosophising Could Help the ECtHR to Achieve Completeness and Coherence
[2022] European Human Rights Law Review 587
Identifies judgments in which the Strasbourg Court fell short of completeness or coherence, and argues that philosophical argument about the Convention, rather than a merely pragmatic fix, was needed to do better.
A Utilitarian Account of Article 3 ECHR
(2022) 3 European Convention on Human Rights Law Review 350
Develops a utilitarian account of the moral rights underlying Article 3 ECHR and applies it to central features of the Court’s Article 3 case law.
2021
Why Completeness and Coherence Matter for the European Court of Human Rights
(2021) 2 European Convention on Human Rights Law Review 119
Sets out a theory of how complete and coherent the judgments of the European Court of Human Rights ought to be, as a basis for more principled criticism of its case law.
Case notes
2025
Unforeseeably Making Matters Worse: An Issue of Notional or Factual Duty?
(2025) 84 Cambridge Law Journal 23 · with Fraser Dixon
Asks whether, in Tindall v Chief Constable of Thames Valley Police, the police’s inability to foresee that they had made matters worse removed any duty of care or merely defeated a prima facie duty.
2023
A Grand Unified Theory for the “Close Connection Test” in Vicarious Liability Cases
(2023) 82 Cambridge Law Journal 388 · with William Peck
2022
Efobi v Royal Mail Group: Much Ado About Nothing?
(2022) 85 Modern Law Review 1504 · with Josephine Rendall-Neal
Argues that the Supreme Court’s ruling on the burden of proof in discrimination claims turned on a normative question that the Court did not confront.
Chapters and entries
2022
Mill on Justice
in Mortimer Sellers and Stephan Kirste (eds), Encyclopedia of the Philosophy of Law and Social Philosophy (Springer 2022)
Blog posts
2024
Klimaseniorinnen: The Innovative and the Orthodox
(EJIL:Talk!, 17 April 2024)
Examines Judge Eicke’s dissenting claim that the majority in KlimaSeniorinnen took three innovative steps beyond the proper limits of evolutive interpretation.
2023
The Bill of Rights Bill and the Modern Mirror Principle
(UK Constitutional Law Association, 14 March 2023)
Considers how far clause 3 of the Bill of Rights Bill would have changed the ‘modern mirror principle’ developed under section 2 of the Human Rights Act 1998.