Illegality and Public Policy: 2023 [paper]

Illegality and Public Policy 6th edition

Discover the full scope of illegality, public policy, and restraint of trade in contract law. This book provides practical examples, legal analysis, and solutions for issues arising from illegal contracts. It also explores potential reforms in the UK and Commonwealth jurisdictions to address legal uncertainty and rigidity.

Key Features

✔ Clarifies complex laws on illegality and public policy in contracts, including consequences of illegal agreements.
✔ Distinguishes between statutory illegality and common law illegality.
✔ Covers the Supreme Court’s transparent approach in recent rulings.
✔ Examines links between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011.
✔ Explores the doctrine of public policy and its scope.
✔ Analyzes restraint of trade, including public vs. private interest.
✔ Explains severance doctrine and restitutionary relief for illegal contracts.
✔ Reviews UK and Commonwealth case law and reforms.
✔ Highlights arguments for challenging contracts.
✔ Addresses property transfer issues under unenforceable contracts.
✔ Includes hypothetical examples and dispute resolution approaches.

What’s new in the 6th edition?

• Analysis of the landmark 2016 Supreme Court decision in Patel v Mirza.
• Recent rulings on the illegality defence, such as Stoffel & Co v Grondona and Henderson v Dorset Healthcare University NHS Trust.
• Key restraint of trade cases, including Harcus Sinclair LLP v Your Lawyers Ltd (Supreme Court) and Dwyer (UK Franchising) v Fredbar (Court of Appeal).
• Illegality in unfair dismissal and litigation funding, covering cases like Robinson v Al-Qasimi and Farrar v Candey.

Also available as an eBook, please contact us for more information.