Lorna Gillies
lorna gillies

Dr Lorna Gillies LLB (Hons) Dip LP PhD FHEA

Associate Professor

Biography

I am an Associate Professor of Law. Previously, I was Senior Lecturer in Law at both the Universities of Leicester and Essex and Lecturer in Law at the Universities of Leicester and Strathclyde. Currently, I am a Fellow of the Higher Education Academy, a Advisory Member of the RSE Scottish Law Innovation and Technology Network (SCOTLIN), a Member of the European Association of Private International Law (EAPIL), an invited Associate Member of the Centre for Private International Law, School of Law, University of Aberdeen, a listed participant in UNCTAD's Working Group on E-Commerce and a Contributor to the RSE funded project "Digital Assets in Scots Private Law" (2024-2025): https://www.abdn.ac.uk/law/research/centre-for-commercial-law/digital-assets-in-scots-private-law-innovating-for-the-future-1850.php.

My research takes a pragmatic, normative, inter-disciplinary approach to the function, value and effect of global law. Specifically, I am interested in the function and application of international private law in recognising systemic inequality and vulnerability, regulating and resolving cross-border disputes and securing access to justice.

I have a particular interest in four areas. First, the creation and operation of rules of international jurisdiction to commercial and private disputes across borders. Second, the impact of these rules on the rights of vulnerable parties and their ability to enforce those rights across borders. Third, the interaction between jurisdiction, enforcement and technology. Fourth, the impact of fundamental rights in international private law.

I have written a monograph (Ashgate 2008) and published chapters on the recognition of vulnerability in private international law across a range of cross-border relationships such as: consumers’ access to justice in international private law (CUP 2003, Ant-Sakkoulas 2007, Elgar 2017), the legal challenges of social media to freedom of expression (Elgar, 2017), the protection of weaker parties in the protection of cultural objects (Journal of Private International Law, 2015), equity/benefit sharing through international commercial contracts and environmental law (Hart, 2018), and the impact of Brexit on cross-border dispute resolution and enforcement in UK private international law (Journal of Business Law, 2020). My most recent work focusses on developing a normative framework for vulnerability in private international law (forthcoming, Hart, 2023) and balancing substantive and conflicts of values in the relationship between the AI value chain and private international law.

More broadly, I am interested in commercial law; in particular domestic and international sale of goods, consumer rights and the digital agenda, and the emerging concept of digital fundamental rights. I was co-awarded a Modern Law Review Seminar Series funding in 2013 on the Legal Challenges of Social Media to Freedom of Expression which was published in 2017 (Elgar: Law, Technology and Society Series).

I am interested in supervising PhDs on any aspect of international private law (commercial or private, UK, EU, international, theoretical/comparative/pragmatism/ interaction with public international law and global governance) and the regulation of dispute resolution and information technology.

At Edinburgh Napier I have taught and teach Scots Commercial Law and Business Entities. I have introduced, lead and deliver on International Private Law and Law and Technology.

Research Areas

News

Esteem

Advisory panels and expert committees or witness

  • Digital Assets in Scots Private Law: Innovating for the Future

 

Fellowships and Awards

  • Member of the Centre for Commercial Law, University of Aberdeen
  • Member of Centre for Private International Law, University of Aberdeen
  • Fellow of Higher Education Academy

 

Date


9 results

Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality

Book Chapter
Gillies, L. (2024)
Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality. In J. Borg-Barthet, K. Trimmings, B. Yüksel Ripley, & P. Živkovic (Eds.), From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen. London: Bloomsbury Publishing
The first two decades of this century have already witnessed an increasing range of inequalities between individuals across borders. These inequalities are socio-legal or soc...

Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts

Journal Article
Gillies, L. (2020)
Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts. Journal of Business Law, 20(3), 161-183
International jurisdiction is fundamental to the effective resolution of cross border disputes. Brexit invites focus on the scope and function of the UK’s future approach to r...

Affirming free movement of services and the scope of international jurisdiction of a cross-border consumer credit agreement: C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen

Journal Article
Gillies, L. (2019)
Affirming free movement of services and the scope of international jurisdiction of a cross-border consumer credit agreement: C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen. Journal of European Consumer and Market Law, 8(5), 202-204
At the heart of the recent CJEU case C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen, was the principle of free movement of services (Article 56) and ...

Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars

Book Chapter
Morgera, E., & Gillies, L. (2018)
Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. In V. Ruiz Abou-Nigm, K. McCall-Smith, & D. French (Eds.), Linkages and Boundaries in Public and Private International Law (175-198). London: Hart: Bloomsbury. https://doi.org/10.5040/9781509918652.ch-008
This chapter maps little-studied interactions between public and private international law by comparing experiences in using private contracts to specify the meaning of intern...

The Legal Challenges of Social Media

Book
Mangan, D., & Gillies, L. E. (Eds.)
(2017). The Legal Challenges of Social Media. Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781785364518.00027
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The...

Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media

Book Chapter
Gillies, L. E. (2017)
Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media. In L. E. Gillies, & D. Mangan (Eds.), The Legal Challenges of Social Media (249-269). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781785364518.00027
This chapter elects as its focus the need to balance human rights in English residual jurisdiction rules for cross-border torts via social media. Private international law app...

Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters

Book Chapter
Gillies, L. (2016)
Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters. In C. Twigg-Flesner (Ed.), Research Handbook on EU Consumer and Contract Law (159-181). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781782547372
"The growing visibility of the social-policy provisions [in the Treaty] requires the definition of the notion of rights and principles and their implications for private parti...

The contribution of jurisdiction as a technique of demand side regulation in claims for the recovery of cultural objects

Journal Article
Gillies, L. (2015)
The contribution of jurisdiction as a technique of demand side regulation in claims for the recovery of cultural objects. Journal of Private International Law, 11(2), 295-316. https://doi.org/10.1080/17441048.2015.1068003
This article considers the role of jurisdiction in supporting private claims for the cross-border recovery of cultural objects from an EU member state. In particular, this art...

Fundamental rights and judicial cooperation in the decisions of the Court of Justice on the Brussels I Regulation 2009-2014: the story so far

Book Chapter
Gillies, L. (2015)
Fundamental rights and judicial cooperation in the decisions of the Court of Justice on the Brussels I Regulation 2009-2014: the story so far. In S. Morano-Foadi, & L. Vickers (Eds.), Fundamental Rights in the EU: A Matter for Two Courts (211-229). Oxford: Hart
“…as from the date of entry into force of the Treaty of Lisbon, 1 December 2009, the fundamental principles of EU law and the EU system of judicial protection such as primacy,...