CURRENT LEGAL PROBLEMS
Lecture Series 2016-17
ILLEGALITY AFTER PATEL V MIRZA
SPEAKER: Professor Andrew Burrows QC, FBA, DCL (All Souls College)
Thursday 26 January 2017, from 6-7pm
UCL Gustave Tuck Lecture Theatre, Wilkins Building, Gower Street, London WC1H 6BT
Accredited with 1 CPD hour by the Solicitors Regulation Authority and the Bar Standards Board
About this lecture:
English law on illegality in private law (for example, illegal contracts) has long been regarded as both difficult and unsatisfactory. In July 2016, the Supreme Court, sitting as a panel of nine, looked at the area again in Patel v Mirza. Here £620,000 had been paid for the defendant to bet on share prices using inside information (thereby committing the crime of insider dealing). The agreement was not carried out because the information was not forthcoming.
Was the claimant entitled to repayment of that money? In answering that question, a majority of the Supreme Court set out a controversial new approach to this area of the law, which was vigorously rejected by the minority judges. This lecture examines the reasoning in the case and asks whether Patel v Mirza constitutes a triumph or a tragedy for the law of illegality.
About the speaker:
Andrew Burrows, MA, DCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England in the University of Oxford and a Fellow of All Souls College.
He was Law Commissioner for England and Wales (1994-1999) and is a Recorder, a Door Tenant of Fountain Court Chambers, London, and in 2015-16 was President of the Society of Legal Scholars.
His books include Remedies for Torts and Breach of Contract, The Law of Restitution, Understanding the Law of Obligations, A Casebook on Contract, A Restatement of the English Law of Unjust Enrichment,and A Restatement of the English Law of Contract. He is a joint author of Anson’ s Law of Contract, the general editor of English Private Law and an editor of Chitty on Contracts and Clerk and Lindsell on Torts.