Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence.
Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as:
- contract variation, damages and penalties; - economic loss and personal injury in tort law;
- knowing receipt and proprietary restitution; - illegality in private law;
- agency and attribution; - piercing the corporate veil; - foreign law in the English courts.
The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.
1. Introduction Lord Sumption 2. Interpretation Ewan McKendrick 3. Variation and Waiver William Day 4. Termination Sir David Foxton 5. Contract Damages Adam Kramer 6. Penalties Edwin Peel 7. The Contract/Tort Borderline Janet O'Sullivan 8. Personal Injury Nicholas J McBride 9. Injunctions Donal Nolan 10. Unjust Enrichment Graham Virgo 11. Proprietary Restitution William Day and Sarah Worthington 12. Knowing Receipt Jamie Glister 13. Illegality Charlie Webb 14. Agency Peter Watts 15. Attribution Ernest Lim 16. Powers Sarah Worthington 17. Piercing the Corporate Veil Christian Witting 18. Good Arguable Case Joshua Folkard and Ian Bergson 19. Forum Conveniens Louise Merrett 20. Foreign Law Richard Fentiman 21. Res Judicata The Hon KR Handley QC 22. Privilege Bankim Thanki QC, Chloe Carpenter QC, Nik Yeo and Rebecca Loveridge
William Day is a barrister at 3 Verulam Buildings, London and fellow of Downing College, Cambridge, and Sarah Worthington is the Downing Professor of the Laws of England and Director of the Cambridge Private Law Centre, both at the University of Cambridge.