This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...

English law has clarified the scope of legal advice privilege ('attorney-client privilege') and confirmed that only lawyers and not, for example, accountants, can give such privileged legal advice and support. There are sound reasons for sustaining this clear rule. First, confining this...

This paper examines the Declaration on the Future of the European Court of Human Rights – the product of the High Level Conference of the Council of Europe's Committee of Ministers that was held in Brighton, UK, in April 2012. The paper considers the extent to which the Declaration is likely...

In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how...

Brett v. Gilbert (1605), commonly known as the Case of Mixt Monies, confirms the principle of monetary nominalism in the common law of obligations. It is fundamental to the modern understanding of the legal nature of obligations to pay money and goes far to define a distinctive conception of...

This article examines the leading principles governing interpretation of written contracts under English law. This is a comprehensive and incisive analysis of the current law and of the relevant doctrines, including the equitable principles of rectification, as well as the powers of appeal...

In my 2009 book Moral Realism as a Moral Doctrine, I argued that morality is objective in several distinct though overlapping senses, and I further maintained that questions about the objectivity of morality are substantive moral questions (albeit usually at high levels of abstraction). In the...

This report is from a Cambridge Workshop on the openness of large bioresources in synthetic biology and genomics (e.g. the 100,000 Genomes Project), held on 28 January 2016. Research in SB and Gx depends on the use of collections of tissue and data, commonly known as bioresources. Substantial...

In this paper, I reflect on the ongoing debate concerning the protection of human rights in the UK. I attempt to situate that debate within its legal and political context by examining the underlying reasons that might explain why the Act has been the source of so much controversy. Against that...