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)
Resource Information
The item Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource) represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute Library.This item is available to borrow from 1 library branch.
Resource Information
The item Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource) represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute Library.
This item is available to borrow from 1 library branch.
- 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
- 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
- Label
- Illegality after Patel v Mirza
- Title
- Illegality after Patel v Mirza
- Statement of responsibility
- edited by Sarah Green and Alan Bogg
- 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.--
- 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)
- 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)
- 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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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.eui.eu/portal/Illegality-after-Patel-v-Mirza-edited-by-Sarah/YVd0_qHlzSs/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.eui.eu/portal/Illegality-after-Patel-v-Mirza-edited-by-Sarah/YVd0_qHlzSs/">Illegality after Patel v Mirza, edited by Sarah Green and Alan Bogg, (electronic resource)</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.eui.eu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.library.eui.eu/">European University Institute Library</a></span></span></span></span></div>