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Vol 23 No 6 June/July 2018

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Illegality after Patel v Mirza

Edited by: Sarah Green, Alan Bogg

ISBN13: 9781509912773
Published: June 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



In stock.

Also available as
£76.50
+ £15.30 VAT

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 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 likely 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.

Subjects:
Contract Law, Restitution
Contents:
1. Introduction Alan Bogg and Sarah Green

Part I: General Perspectives on Illegality
2. A New Dawn for the Law of Illegality Andrew Burrows
3. The Law of Illegality: Identifying the Issues James Goudkamp
4. Restitution or Confiscation/Forfeiture? Private Rights versus Public Values Robert Sullivan
5. Not a Principle of Justice? Nicholas J McBride
6. Illegality as a Rationing Rule Frederick Wilmot-Smith
7. Illegality, Familiarity and the Law Commission James Lee

Part II: Specific Perspectives on Illegality
8. Illegality and Contractual Enforcement after Patel v Mirza Janet O'Sullivan
9. Illegality and Zero Sum Torts Sarah Green
10. Illegality and Unjust Enrichment Graham Virgo
11. Ramifications of Patel v Mirza in the Law of Trusts Paul S Davies
12. Illegality in Labour Law after Patel v Mirza: Retrenchment and Restraint Alan Bogg

Part III: Comparative Perspectives on Illegality
13. Whither Now Illegality and Statute: An Australian Perspective The Hon William Gummow AC
14. Illegality and Canadian Private Law: Hall v Hebert's Legacy Mitchell McInnes
15. The Impact of Illegality and Immorality on Contract and Restitution from a Civilian Angle Birke Hacker

Series: Hart Studies in Private Law

The Irreducible Core of the Trust ISBN 9781782257172
To be published August 2019
Hart Publishing
£60.00
Resulting Trusts ISBN 9781849465489
To be published May 2019
Hart Publishing
£80.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published May 2019
Hart Publishing
£70.00
A Theory of Tort Liability ISBN 9781509926428
To be published December 2018
Hart Publishing
£27.99
Apportionment in Private Law ISBN 9781509917501
To be published November 2018
Hart Publishing
£80.00
The Impact of Equity and Restitution in Commerce ISBN 9781509915644
To be published November 2018
Hart Publishing
£70.00
Evidential Uncertainty in Causation in Negligence ISBN 9781509924486
To be published September 2018
Hart Publishing
£27.99
Vicarious Liability: Critique and Reform ISBN 9781509920235
To be published September 2018
Hart Publishing
£65.00
Illegality after Patel v Mirza (eBook) ISBN 9781509912780
Published June 2018
Hart Publishing
£76.50 + £15.30 VAT
(ePub)
Buy
Defences in Unjust Enrichment ISBN 9781509921102
Published April 2018
Hart Publishing
£39.99
The Duty of Care in Negligence (eBook) ISBN 9781509914869
Published February 2018
Hart Publishing
£49.50 + £9.90 VAT
(ePub)
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The Duty of Care in Negligence ISBN 9781509914845
Published February 2018
Hart Publishing
£55.00
£34.99
Money Awards in Contract Law ISBN 9781509917051
Published September 2017
Hart Publishing
£27.99
Rationalising Constructive Trusts ISBN 9781849465960
Published September 2017
Hart Publishing
£90.00
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
Published September 2017
Hart Publishing
£81.00 + £16.20 VAT
(ePub)
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Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
Hart Publishing
£76.50 + £15.30 VAT
(ePub)
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Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£85.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£80.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
Hart Publishing
£72.00 + £14.40 VAT
(ePub)
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Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£75.00
Negligence and Illegality ISBN 9781509906666
Published January 2017
Hart Publishing
£60.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£54.00 + £10.80 VAT
(ePub)
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Private Law in the 21st Century ISBN 9781509908585
Published January 2017
Hart Publishing
£110.00
Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
Hart Publishing
£99.00 + £19.80 VAT
(ePub)
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Private Law and Power ISBN 9781509905997
Published January 2017
Hart Publishing
£75.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
Hart Publishing
£67.50 + £13.50 VAT
(ePub)
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
Hart Publishing
£60.00
£54.00 + £10.80 VAT
(ePub)
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£63.00 + £12.60 VAT
(ePub)
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£70.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£49.50 + £9.90 VAT
(ePub)
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£55.00
Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£49.50 + £9.90 VAT
(ePub)
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Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£35.98 + £7.20 VAT
(ePub)
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£80.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£38.99
£29.16 + £5.83 VAT
(ePub)
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Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
Hart Publishing
£25.18 + £5.04 VAT
(ePub)
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
Hart Publishing
£55.00
Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£26.98 + £5.40 VAT
(ePub)
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Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£65.00
Causation in Negligence ISBN 9781849463317
Published December 2014
Hart Publishing
£60.00
Causation in Negligence (eBook) ISBN 9781782255215
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£90.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£35.08 + £7.02 VAT
(ePub)
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The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£50.00
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£45.00 + £9.00 VAT
(ePub)
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Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£36.00 + £7.20 VAT
(ePub)
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£40.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£60.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£27.00 + £5.40 VAT
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£70.00
£54.16 + £10.83 VAT
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£65.00
£62.49 + £12.50 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£120.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£108.00 + £21.60 VAT
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Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£67.50 + £13.50 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£76.50 + £15.30 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
£63.00 + £12.60 VAT
(ePub)
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£70.00
Fault Lines in Equity (eBook) ISBN 9781847319449
Published May 2012
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
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Fault Lines in Equity ISBN 9781849462198
Published May 2012
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£85.00