Private Law and the UK Supreme Court: Key Cases and Decisions
This volume brings together expert contributors across different fields of private law to comment on key decisions 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, and 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.

1147153834
Private Law and the UK Supreme Court: Key Cases and Decisions
This volume brings together expert contributors across different fields of private law to comment on key decisions 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, and 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.

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Private Law and the UK Supreme Court: Key Cases and Decisions

Private Law and the UK Supreme Court: Key Cases and Decisions

Private Law and the UK Supreme Court: Key Cases and Decisions

Private Law and the UK Supreme Court: Key Cases and Decisions

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Overview

This volume brings together expert contributors across different fields of private law to comment on key decisions 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, and 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.


Product Details

ISBN-13: 9781032734811
Publisher: Taylor & Francis
Publication date: 08/15/2025
Pages: 306
Product dimensions: 6.12(w) x 9.19(h) x (d)

About the Author

Jenny Russell is Lecturer in Property Law at The Dickson Poon School of Law, King’s College London.

Lewis Graham is Fellow in Christ’s College, University of Cambridge.

Table of 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

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