Full Description
This volume brings together expert commentators across different fields of Private Law to comment on a key decision by the UK Supreme Court (UKSC).
Each author explores their case's content, as well as its broader implications for private law as a field and the Supreme Court as an institution. The work is divided into the following areas: Tort; Contract and Unjust Enrichment; Property Law and Equity. Providing expert commentary on recent authorities of the highest level in one place, the collection will enable readers interested in these areas to conveniently locate analysis that will aid them in their work. Taken together, the contributions enable identification of themes relating to continuity and change; the role of policy in private law; the structure of private law; neglecting differences in bargaining power; and the Court's relationship with the lower courts.
As such, it will be an invaluable resource for academics, researchers, practitioners, judges and policymakers.
Contents
Part I: Tort Law 1. Sienkiewicz v Greif [2011] UKSC 10 Inexorability in Causation 2. R(Lumba) v Secretary of State for the Home Department [2011] UKSC 12 Clarifying the Approach to Torts that are Actionable Per Se 3. Montgomery v Lanarkshire Health Board [2015] UKSC 11 and McCulloch v Forth Valley Health Board [2023] UKSC 26 Constructing Medical Disclosure in the Supreme Court 4. Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 The Need for a New Landmark? 5. Stocker v Stocker [2019] UKSC 17 Stocker v Stocker: Defamation by Social Media at the Supreme Court 6. Poole Borough Council v GN [2019] UKSC 25 The Still Waters of Poole 7. WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 Precarious Vicarious Liability 8. Bloomberg LP v ZXC [2022] UKSC 5 The Public Interest in Non-Publicity 9. Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 What is a Private Nuisance? 10. Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 Searching for Principle in the Law of Negligently Inflicted Pure Psychiatric Harm Part II: Contract Law and Law of Unjust Enrichment 11. Office of Fair Trading v Abbey National plc [2009] UKSC 6 Reverse Robin Hood and Banking Charges 12. Bank of Cyprus UK Ltd v Menelaou [2015] UKSC 66; The Commissioners for HMRC v The Investment Trust Companies [2017] UKSC 29; Lowick Rose LLP v Swynson Ltd [2017] UKSC 32 The Shortest-Lived Decision in Supreme Court History? 13. Cavendish Square Holding BV v El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67 Cavendish Square, ParkingEye, and Dunlop 14. Marks and Spencer v BNP Paribas Securities Trust [2015] UKSC 72 Justifying Implied Terms: A Forgotten Dimension 15. Patel v Mirza [2016] UKSC 42 The Illegality Defence: Evolution not Revolution 16. Wood v Capita Insurance Services Ltd [2017] UKSC 24 Continuity in Contractual Interpretation? 17. One Step (Support) Ltd v Morris-Garner [2018] UKSC 20 Loss's Edge 18. Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 One-off or Blueprint? 19. Pakistan International Airlines Corpn v Times Travel (UK) Ltd [2021] UKSC 40 Lawful Act Duress: Why is the UK Supreme Court So Reluctant to Support the Underdog? Part III: Property Law and Equity 20. Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 52 Using Berrisford as 'Intended'? 21. Jones v Kernott [2011] UKSC 53 Jones v Kernott: Beneficial Co-Ownership Revisited 22. Pitt v Holt [2013] UKSC 26 Pitt v Holt: The Ambiguity of 'Breach of Fiduciary Duty' 23. Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 Priorities, Doctrinalism and Policy in Property Law 24. AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58 AIB and Equitable Compensation 25. McDonald v McDonald [2016] UKSC 28 (Dis)respecting the Home: The Legacy of McDonald v McDonald in the Supreme Court 26. Akers v Samba Financial Group [2017] UKSC 6 Samba-Dancing Around the Nature of a Beneficiary's Interest Under a Trust 27. lott v The Blue Cross [2017] UKSC 17 Debating Disinheritance 28. Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 Regency Villas: Radical Re-imagining or Reasoned Rehearsal of the Law of Easements? 29. Guest v Guest [2022] UKSC 27 What's the Point of Proprietary Estoppel? Part IV: Conclusion 30. Reflecting Upon Key UK Supreme Court Cases in Private Law
