Dear Colleagues,

 

With apologies for cross-posting, two decisions of the UK Supreme Court today are on private law and of note to ODG/RDG members.

 

In Bank of Cyprus v Menelaou [2015] UKSC 66 (https://www.supremecourt.uk/cases/docs/uksc-2013-0171-judgment.pdf), the Court reviews the law of unjust enrichment and subrogation in a quite significant decision given the different nuances of the respective Justices’ approaches.

 

In Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Limited v Beavis (https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf), the Court (at great length) looks at the penalty rule in contract, which, as the Court notes, has not been considered at the highest level in England for a century. Lord Neuberger and Lord Sumption observe that ‘The penalty rule in England is an ancient, haphazardly constructed edifice which has not weathered well, and which in the opinion of some should simply be demolished, and in the opinion of others should be reconstructed and extended’. The Court declines to abolish the rule, and also declines to follow the extensive approach of the High Court of Australia decision in Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205.

 

Best wishes,

James

 

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James Lee

Senior Lecturer in Private Law

Director of UG Admissions and Scholarships

The Dickson Poon School of Law

Somerset House East Wing
King's College London
Strand
London WC2R 2LS

 

E-mail: james.lee@kcl.ac.uk

 

Tel: +44 (0)20 7848 2363

 

Profile: http://www.kcl.ac.uk/law/people/academic/j-lee.aspx

 

Newly Published: Jamie Glister and James Lee (eds), Hanbury & Martin: Modern Equity (20^th edition, 2015), Sweet & Maxwell: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=6430&searchorigin=hanbury&productid=632503