Challenging Private Law: Lord Sumption on the Supreme Court

Description

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: 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. Foreword Preface Contents Contributors Table of Cases Table of Legislation 1. Introduction 2. Interpretation I. Krys v KBC Partners LP II. The Harris Society Lecture III. Conclusion 3. Variation and Waiver I. Introduction II. Variation III. Waiver IV. Conclusion 4. Termination I. Introduction II. Automatic or Elective Termination? III. The Position Where Some Obligations Are Performable without Co-operation and Others Are Not IV. Must the Innocent Party Have a Legitimate Interest in Affirming the Contract? V. Did Mr Geys Have a Legitimate Interest in Keeping His Employment Contract Alive? VI. Conclusion 5. Contract Damages I. Introduction II. Loss and the 'But For' Test III. Loss and Legal Causation IV. Loss, Date Rules and prima facie Measures V. Loss or Substitutive Damages: Bunge v Nidera VI. Default Clauses VII. Loss or Substitutive Damages: Morris-Garner VIII. Conclusion 6. Penalties I. Test II. Scope III. Conclusion 7. The Contract/Tort Borderline I. Introduction II. Hughes-Holland v BPE Solicitors III. Playboy Club London Ltd v Banca Nazionale del Lavoro SpA IV. Conclusion 8. Personal Injury I. Cost II. Value III. Conclusion 9. Injunctions I. Introduction II. The Earlier Authorities III. The Coventry Decision IV. Analysis V. Conclusion 10. Unjust Enrichment I. The State of Unjust Enrichment II. The Reach of Unjust Enrichment III. Grounds of Restitution IV. The Logic of Restitution: Illegality V. Lord Sumption's Contribution to the Law of Unjust Enrichment 11. Proprietary Restitution I. Introduction II. Why Does It Matter? III. What Triggers Proprietary Restitution? IV. Lord Sumption, Failure of Consideration and Proprietary Restitution V. Conclusion 12. Knowing Receipt I. Introduction II. Williams v Central Bank of Nigeria III. The Nature of Knowing Receipt IV. Notice, Knowledge and Liability V. Conclusion 13. Illegality I. The Problem II. Rationales III. Consistency IV. Multiplicity V. Scope VI. Two Approaches VII. Rules VIII. Change 14. Agency I. Introduction II. Communicating Agents and Self-Authorising Agents III. Termination of Authority IV. Undisclosed Principals and Negligent Misstatement 15. Attribution I. Introduction II. Rule-Based Approach and Contextual Approach III. Two-Step Framework IV. Conclusion 16. Powers I. Introduction II. A Framework for the Review of Powers III. Proper Purposes IV. Remedies: Void and Voidable V. Conclusion 17. Piercing the Corporate Veil I. Introduction II. Prest v Petrodel Resources Ltd III. Issues of Precedent IV. Two Models of Veil-Piercing V. The Way Ahead 18. Good Arguable Case I. Introduction II. Good Arguable Case before Four Seasons Holding Inc v Brownlie III. Four Seasons Holding Inc v Brownlie IV. Applications/Interpretation of Lord Sumption's Dictum V. How Is the Test Context Dependent? VI. Conclusion 19. Forum Conveniens I. Introduction II. Abela v Baadarani III. Four Seasons Holding Inc v Brownlie IV. What Is the Proper Approach to Service Out? V. Conclusion 20. Foreign Law I. Introduction II. The Supreme Court's Decision III. The Courts Below IV. A Radical Departure? V. Domesticating the Dispute VI. The Principle of Deference VII. The Position in Iraqi Law VIII. An Exceptional Case? IX. An Inevitable Outcome? X. Consequences 21. Res Judicata I. Introduction II. The Nature of Res Judicata III. The Different Forms of Res Judicata IV. Yat Tung V. Privity of Interest VI. Fraud as an Exception to Res Judicata VII. A New Exception to Res Judicata? 22. Privilege I. The Three Rivers Litigation II. The Prudential Litigation III. Conclusion Index