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The Resource Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource)

Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource)

Editor
Contributor
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.--
Language
eng
Work
Publication
Extent
1 online resource.
Note
"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."
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
Isbn
9781509912803
Link
https://eui.idm.oclc.org/login?url=http://dx.doi.org/10.5040/9781509912803
Instance
Label
Illegality after Patel v Mirza
Title
Illegality after Patel v Mirza
Statement of responsibility
edited by Sarah Green and Alan Bogg
Contributor
Editor
Subject
Genre
Language
eng
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.--
Member of
Assigning source
Provided by Publisher
Index
index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Bogg, Alan
  • Green, Sarah
Series statement
  • Bloomsbury eBooks.
  • Hart studies in private law
http://library.link/vocab/subjectName
  • Illegal juristic acts
  • Unjust enrichment
Label
Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=http://dx.doi.org/10.5040/9781509912803
Instantiates
Publication
Note
"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."
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
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
Control code
bpp09261873
Dimensions
unknown
Extent
1 online resource.
File format
unknown
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781509912803
Isbn Type
(online)
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Quality assurance targets
unknown
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1019836740
Label
Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=http://dx.doi.org/10.5040/9781509912803
Publication
Note
"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."
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
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
Control code
bpp09261873
Dimensions
unknown
Extent
1 online resource.
File format
unknown
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781509912803
Isbn Type
(online)
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Quality assurance targets
unknown
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1019836740

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