Administrative / Constitutional Law Courts and Procedure

Challenging Private Law: Lord Sumption on the Supreme Court

Edited by William Day · Sarah Worthington
Hart Publishing June 2022

Specifications

ISBN-13
9781509945474
Publisher
Hart Publishing
Publication
June 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence.

Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as:

  • contract variation, damages and penalties
  • economic loss and personal injury in tort law
  • knowing receipt and proprietary restitution
  • illegality in private law
  • agency and attribution
  • piercing the corporate veil, and
  • foreign law in the English courts

The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Table of Contents

1. Introduction
Lord Sumption
2. Interpretation
Ewan McKendrick
3. Variation and Waiver
William Day
4. Termination
Sir David Foxton
5. Contract Damages
Adam Kramer
6. Penalties
Edwin Peel
7. The Contract/Tort Borderline
Janet O'Sullivan
8. Personal Injury
Nicholas J McBride
9. Injunctions
Donal Nolan
10. Unjust Enrichment
Graham Virgo
11. Proprietary Restitution
William Day and Sarah Worthington
12. Knowing Receipt
Jamie Glister
13. Illegality
Charlie Webb
14. Agency
Peter Watts
15. Attribution
Ernest Lim
16. Powers
Sarah Worthington
17. Piercing the Corporate Veil
Christian Witting
18. Good Arguable Case
Joshua Folkard and Ian Bergson
19. Forum Conveniens
Louise Merrett
20. Foreign Law
Richard Fentiman
21. Res Judicata
The Hon KR Handley QC
22. Privilege
Bankim Thanki QC, Chloe Carpenter QC, Nik Yeo and Rebecca Loveridge
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