Illegality and Public Policy, 7th Edition by Professor Richard A. Buckley | 2026*

Illegality and Public Policy, 7th Edition by Professor Richard A. Buckley | 2026*

This book provides a clear and comprehensive examination of the legal principles governing illegality, public policy and restraint of trade in the context of contractual agreements. Combining detailed legal analysis with practical guidance, the book illustrates situations in which issues of illegality may arise and considers potential approaches to resolving them. It also examines proposed and existing reforms in the UK and Commonwealth jurisdictions, particularly in response to concerns surrounding uncertainty and rigidity in this area of law.

Key Features of Illegality and Public Policy by Professor Richard A Buckley, 7th Edition:

• Clarifies complex principles: Provides a clear explanation of the intricate rules governing illegality and public policy in contracts, including the potential legal consequences of entering into such agreements.
• Distinguishes types of illegality: Clearly differentiates between illegality arising from statute and that established through the common law.
• Analyses recent Supreme Court developments: Examines the more transparent and structured approach to illegality adopted by the Supreme Court of England.
• Explores the interaction between criminal and civil law: Covers issues such as recovery by claimants, the forfeiture rule, and the Estates of Deceased Persons Act 2011.
• Examines public policy: Considers the underlying principles, scope and application of the public policy doctrine.
• Detailed treatment of restraint of trade: Analyses the doctrine of restraint of trade, including the distinction between public and private interests.
• Explains severance: Provides guidance on the scope and application of the doctrine of severance in contractual agreements.
• Covers restitutionary remedies: Examines when restitutionary relief may be available where a contract is affected by illegality.
• Comparative perspective: Reviews relevant case law and law reform developments across the UK and Commonwealth jurisdictions.
• Identifies potential challenges: Highlights arguments and legal avenues that may be used to challenge the validity or enforceability of contractual arrangements.
• Addresses transfer of property: Considers the passing of property under unenforceable contracts and the difficulties associated with transferring limited interests.
• Practical hypothetical examples: Uses illustrative scenarios to demonstrate how illegality issues may arise and suggests possible approaches to resolving resulting disputes.

About the Author:

Professor Richard A. Buckley is Emeritus Professor of Law at the University of Reading and a barrister at Lincoln’s Inn. An Oxford graduate, he holds an M.A., D.Phil. and DCL from the University of Oxford. Throughout his academic career, he has held teaching and research positions at King’s College London, Mansfield College, Oxford, and the University of Reading.

His scholarship focuses primarily on common law, with particular expertise in negligence, nuisance, breach of statutory duty, tort law, and public policy in the field of contract law. Professor Buckley has also contributed to several leading legal reference works and was awarded a Leverhulme Research Fellowship in 2001.

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