This volume brings together expert commentators across different fields of Private Law to comment on a key decision by the UK Supreme Court (UKSC). As such, it will be an invaluable resource for academics, researchers, practitioners, judges and policymakers.
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 cases 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 Courts relationship with the lower courts.
As such, it will be an invaluable resource for academics, researchers, practitioners, judges and policymakers.
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
Losss 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 Beneficiarys 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
Whats the Point of Proprietary Estoppel? Part IV: Conclusion
30. Reflecting
Upon Key UK Supreme Court Cases in Private Law
Jenny Russell is Lecturer in Property Law at The Dickson Poon School of Law, Kings College London.
Lewis Graham is Fellow in Christs College, University of Cambridge.
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