Illegality after Patel v Mirza / edited by Sarah Green and Alan Bogg.

Format:

Book

Contributor:

Bogg, Alan, editor.

Green, Sarah (Sarah Catherine), editor.

Series:

Hart studies in private law.

Hart studies in private law

Language:

English

Subjects (All):

Illegal juristic acts--England--Congresses.

Illegal juristic acts.

Unjust enrichment--England--Congresses.

Unjust enrichment.

Physical Description:

1 online resource (407 pages)

Place of Publication:

Oxford ; Portland. Oregon : Hart Publishing, 2018.

Summary:

In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars

Contents:

Introduction

Alan Bogg and Sarah Green

A new dawn for the law of illegality

Andrew Burrows

The law of illegality : identifying the issues

James Goudkamp

Restitution or confiscation

forfeiture? : private rights versus public values

Robert Sullivan

Not a principle of justice?

Nicholas J McBride

Illegality as a rationing rule

Frederick Wilmot-Smith

Illegality, familiarity and the law commission

James Lee

Illegality and contractual enforcement after Patel v Mirza

Janet O'Sullivan

Illegality and zero sum torts

Sarah Green

Illegality and unjust enrichment

Graham Virgo

Ramifications of Patel v Mirza in the law of trusts

Paul S Davies

Illegality in labour law after Patel v Mirza : retrenchment and restraint

Alan Bogg

Whither now illegality and statute : an Australian perspective

William Gummow

Illegality and Canadian private law : Hall v Hebert's legacy

Mitchell McInnes

The impact of illegality and immorality on contract and restitution from a civilian angle

Birke Häcker.

Notes:

"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509912780

1509912789

9781509912803

1509912800

9781509912797

1509912797

OCLC:

1019836740