The article argues that the fetters on the exercise of unilateral contractual discretionary
powers that were defined in Braganza v BP Shipping Ltd and the limits on damages clauses …

This article has two central aims. First, it problematises the long‐held consensus that
homelessness legislation in England operates according to the concept of need and …

The new law of contractual discretion is developing apace. This article addresses three
major issues in this dynamic field. First, the article propounds an analytical framework for …

The common law represents an ongoing negotiation between past precedents and present-
day principles and policies. If, as will be argued, the basis of the common law and judicial …

The list of recognised grounds of judicial review has remained constant in England and
Wales for several decades. Modern administrative law may therefore appear to be …

Significant tensions exist between constitutional strategies central to contemporary
peacemaking in 'deeply divided places' and human rights law (HRL). These tensions are …

Parties can expressly provide for restrictions on their ability to act in a self-interested fashion.
Sir George Leggatt has recently observed that8 it has become much more common to find in …

Each year, hundreds of people in high-income countries take their own lives while they are
in prison. Thousands engage in self-harm and thousands abuse other prisoners. Such …

While there is extensive analysis of proportionality in public law, little has been written about
this subject in private law. This paper fills this gap in the literature by engaging in a …

Exploring the role played by cooperation in the law and management of modern, complex
contracts, this book contrasts an in-depth review of case law with a large-scale empirical …