Illegality After Patel v Mirza | 2018

Illegality After Patel v Mirza | 2018

Despite the illicit transaction on which the unjust enrichment was founded, nine judges of the Supreme Court of England and Wales ruled in favour of a restitutionary judgement in Patel v Mirza [2016] UKSC 42. Despite the fact that the decision was unanimous, the reasoning may be argued to have split the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge, and Lord Neuberger favoured a discretionary approach, but Lord Sumption (at [261]) called their manner of thinking as "revolutionary," and suggested a more rule-based approach, which Lord Mance and Lord Clarke essentially agreed with.

The ruling is lengthy and complicated, with far-reaching repercussions in a number of areas of law. The reliance concept from Tinsley v Milligan [1994] 1 AC 340, as well as the rule in Parkinson v College of Ambulance Ltd [1925] KB 1, have been abandoned. Patel v Mirza is thus one of the most significant decisions in general private law in a generation, and it is likely to have repercussions for the application of the illegality concept across a wide variety of disciplinary areas. Patel v Mirza is expected to be a long-lasting case unless there is legislative intervention, which does not appear likely at this moment.

This volume will offer a critical set of theoretical and practical insights on the illegality defence in English private law. All of the contributors are well-known experts in their disciplines. Because of the date of the book, it will be an especially good fit as the "go to" resource on this topic for both legal practitioners and academics.

TABLE OF CONTENTS of Illegality After Patel v Mirza

1. Introduction
Alan Bogg and Sarah Green
Part I: General Perspectives on Illegality
2. A New Dawn for the Law of Illegality
Andrew Burrows
3. The Law of Illegality: Identifying the Issues
James Goudkamp
4. Restitution or Confiscation/Forfeiture? Private Rights versus Public Values
Robert Sullivan
5. Not a Principle of Justice?
Nicholas J McBride
6. Illegality as a Rationing Rule
Frederick Wilmot-Smith
7. Illegality, Familiarity and the Law Commission
James Lee

Part II: Specific Perspectives on Illegality
8. Illegality and Contractual Enforcement after Patel v Mirza
Janet O'Sullivan
9. Illegality and Zero Sum Torts
Sarah Green
10. Illegality and Unjust Enrichment
Graham Virgo
11. Ramifications of Patel v Mirza in the Law of Trusts
Paul S Davies
12. Illegality in Labour Law after Patel v Mirza: Retrenchment and Restraint
Alan Bogg

Part III: Comparative Perspectives on Illegality
13. Whither Now Illegality and Statute: An Australian Perspective
The Hon William Gummow AC
14. Illegality and Canadian Private Law: Hall v Hebert's Legacy
Mitchell McInnes
15. The Impact of Illegality and Immorality on Contract and Restitution from a Civilian Angle
Birke Häcker

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