Professional practice

Paul is Professor of Commercial Law at UCL, having previously been a Fellow of St Catherine’s College, Oxford, and Gonville and Caius College, Cambridge. He practises, teaches and writes broadly in commercial law and commercial equity, with a particular focus on Contract, Trusts, Remedies and Economic Torts. Paul has been instructed in disputes before a variety of tribunals, including the Commercial Court, the Chancery Division, the Court of Appeal, the Supreme Court and the Privy Council. He also appears in commercial arbitrations.

Paul has advised on a wide range of commercial disputes, especially on appeal, and has acted as an expert witness on English law in both arbitrations and foreign litigation. Current matters include Times Travel (UK) Ltd v Pakistan International Airlines Corporation (appeal to the Supreme Court on the scope of economic duress); GE v HMRC (appeal to the Court of Appeal on equitable rescission and relevant limitation periods); Convoy v Broad Idea (BVI appeal to the Privy Council challenging The Siskina and Mercedes-Benz v Leiduck on the need for an underlying cause of action for injunctive relief at common law) and Pipia v BGEO (Commercial Court proceedings against the English branch of a Georgian financial institution; this case is listed as one of The Lawyer’s Top 20 cases for 2021).

Paul is the author of Accessory Liability (Hart Publishing, 2015; revised paperback edition, 2017), which won the main Inner Temple Book Prize in 2018, and was the joint second prize winner of the 2015 Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship. Paul is also a co-author of Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019 (with Graham Virgo)), the author of JC Smith’s The Law of Contract (2nd ed, OUP, 2018) and is a contributing editor to both Chitty on Contracts and Snell’s Equity.

More than twenty different publications by Paul have been cited judicially, including by appellate courts in England and Wales, Australia, Canada, New Zealand and Singapore. For example, one of his articles on the economic torts (with Lord Sales) was discussed by the Supreme Court in Secretary of State for Health v Servier Laboratories Ltd [2021] UKSC 24 (at [71], [96]-[97], [101]-[103]). Paul’s work has also been relied upon in leading cases on implied terms (Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72 [24], [64]),  rectification (FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361 [129], [144], [174]) and dishonest assistance (Group Seven Ltd v Notable Services LLP [2019] EWCA 614 [101]-[102]).

In 2020 Paul was awarded a Philip Leverhulme Prize in Law, which “recognises the achievement of outstanding researchers whose work has already attracted international recognition and whose future career is exceptionally promising”.

 

Career
  • 2017 – present: Professor of Commercial Law, University College London
  • 2018 – present: Honorary Senior Fellow, University of Melbourne
  • 2013 – 2017: Associate Professor in Law, Oxford University; Fellow and Tutor, St Catherine’s College, Oxford
  • 2014 – 2016: Visiting Professor, KU Leuven
  • 2008 – 2013: Fellow and College Lecturer in Law, Gonville and Caius College, Cambridge; Affiliated Lecturer and then Newton Trust Lecturer, University of Cambridge
  • 2007 – 2008: Research Assistant to the Property, Trust and Family Law Team, Law Commission of England and Wales
Education
  • 2017: Doctor of Philosophy, University of Cambridge (by special regulations)
  • 2002-2007: MA (Hons) Oriental Studies and Law, Downing College, University of Cambridge (Starred First in both Part IB and Part II Law: highest graduating mark since 1986; First in Part I OrientalStudies (Japanese))
  • 2005 – 2006: Diplôme d’études juridiques françaises, Facultė de Droit, Universitė de Poitiers (mention très   bien)
Awards
  • 2020: Philip Leverhulme Prize in Law (which “recognises the achievement of outstanding researchers whose work has already attracted international recognition and whose future career is exceptionally promising”.
  • 2018: Inner Temple Book Prize (for Accessory Liability (Hart, 2015) (“which celebrates and rewards outstanding contributions to the understanding of law”).
  • 2015: Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship (joint second prize).
  • 2007-2010: Lord Denning Scholarship, Lincoln’s Inn.
  • 2007: Slaughter and May Prize for best results in Part II Law, University of Cambridge; subject prizes in Aspects of Obligations, Criminal Law and European Union Law. Downing Association Prize for the best results in Downing College.
  • 2005: Clifford Chance David Gottlieb Prize for best results in Part IB Law, University of Cambridge; subject prizes in Constitutional Law and Tort Law. Whalley-Tooker Prize, Downing College.
  • 2004: College and University prizes for the highest marks in the university in Part I Oriental Studies (Japanese).
Publications

BOOKS (authored)

  • JC Smith’s The Law of Contract (3rd ed, OUP, 2021 (forthcoming); 2nd ed, OUP, 2018; 1st ed, OUP, 2016)
  • Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019; 2nd ed, OUP, 2016; 1st ed, OUP, 2013)) (with Graham Virgo)
  • Accessory Liability (Hart Publishing, 2015; revised paperback version, 2017). This book won the Inner Temple Book Prize 2018, and was joint second prize winner of the 2015 Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship. It was also shortlisted for the inaugural St Petersburg International Legal Forum Private Law Prize 2018.

BOOKS (edited)

  • Commercial Contracts: Terms Affecting Freedoms (Hart Publishing, 2020) (with Magda Raczynska)
  • Pensions: Law, Policy and Practice (Hart Publishing, 2020) (with Sinead Agnew and Charles Mitchell)
  • Defences in Equity (Hart Publishing, 2018) (with Simon Douglas and James Goudkamp)
  • Equity, Trusts and Commerce (Hart Publishing, 2017) (with James Penner)
  • The Jurisprudence of Lord Hoffmann (Hart Publishing, 2015) (with Justine Pila)

BOOKS (contributing editor)

  • Chitty on Contracts (Sweet & Maxwell) (responsible for Chapter 4: “Consideration”, Chapter 18: “Third Parties”, and Chapter 41: “Gambling Contracts”)
  • Snell’s Equity (Sweet & Maxwell) (responsible for Chapter 16: “Rectification” and Chapter 18: “Injunction”)

SELECTED ARTICLES

  • “The Mental Element of Accessory Liability in Equity” (2021) 137 LQR (forthcoming)
  • “Excluding the Contracts (Rights of Third Parties) Act 1999” (2021) 137 LQR 101-112
  • “Agency and Rectification” (2020) 136 LQR 77-98
  • “Bad Bargains” [2019] CLP 253-286
  • “The Basis of Good Faith” [2019] Journal of Commonwealth Law 1-36
  • “A Mistaken Turn in the Law of Misrepresentation” [2019] LMCLQ 390-409
  • “Being Specific about Specific Performance” [2018] Conv 324-338
  • “Tax mistakes post-Pitt v Holt” (2018) TLI 3-21 (with Simon Douglas)
  • “Intentional Harm, Accessories and Conspiracies” (2018) 134 LQR 69-93 (with Sir Philip Sales)
  • “Costs of Blocking Injunctions” [2017] IPQ 330-345
  • “Accessory Liability for Intellectual Property Infringement: The Case of Authorisation” (2017) 133 LQR 442-468 (with Sir Richard Arnold)
  • “Interpretation versus Rectification: Fighting for Equitable Principles” [2016] CLJ 62-85
  • “The Limits of Rescission for Misrepresentation” (2016) 31 JIBFL387-389 (with Christopher Hare)
  • “Compensatory Remedies for Breach of Trust” [2016] Canadian Journal of Contemporary and Comparative Law 65-113
  • “Section 61 of the Trustee Act 1925: deus ex machina?” [2015] Conv 379-394
  • “Remedies for Breach of Trust” (2015) 78 MLR 681-694
  • “Relieving trustees’ mistakes” [2013] RLR 74-85 (with Graham Virgo)
  • “Risk in Unjust Enrichment” [2012] RLR 57-74
  • “Rectifying the course of rectification” (2012) 75 MLR 412-426
  • “Accessory Liability for Assisting Torts” (2011) 70 CLJ 353-380
  • “Anticipated contracts: room for agreement” (2010) 69 CLJ 467-475
  • “Recent Developments in the Law of Implied Terms” [2010] LMCLQ 140-149

SELECTED BOOK CHAPTERS

  • “Excluding Good Faith and Restricting Discretion” in P Davies and M Raczynska (eds) Contents of Commercial Contracts: Terms Affecting Freedom (Hart, 2020) 89-112
  • “Rectification and Pensions” in S Agnew, P Davies and C Mitchell (eds) Pensions: Law, Policy and Practice (Hart, 2020) 91-109
  • “Accessory Liability in the Fissured Workplace: A New Role for the Criminal Law?” in A Bogg, J Collins, J Herring and M Freedland (eds) Criminality at Work (OUP, 2019) 431-452 (with A Bogg)
  • “Remedies in English private law – a ‘stand-alone’ research area?” in F Hoffmann and F Kurz (eds) Law of Remedies: A European Perspective (Intersentia, 2019) 27-44
  • “Illegality in Equity” in P Davies, S Douglas and J Goudkamp (eds) Defences in Equity (Hart Publishing, 2018) 249-265
  • “Ramifications of Patel v Mirza in the Law of Trusts” in A Bogg and S Green (eds) Illegality after Patel v Mirza (Hart Publishing, 2018) 235-255
  • “Compensatory Remedies for Breach of Trust” in R Nolan, HW Tang and K Low (eds) Trusts and Modern Wealth Management (CUP, 2018) 307-339
  • “Concurrent Liability: A Spluttering Revolution?” in S Worthington, A Robertson and G Virgo (eds), Revolution and Evolution in Private Law (Hart Publishing, 2017) 273-293
  • “Injunctions in Tort and Contract” in G Virgo and S Worthington (eds) Commercial Remedies: Resolving Controversies (CUP, 2017) 127-150
  • “Bribery” in P Davies and J Penner (eds) Equity, Trusts and Commerce (Hart Publishing, 2017) 225-252
  • “Pure Economic Loss and Defective Buildings” in A Robertson and M Tilbury (eds), Divergences in Private Law (Hart Publishing, 2016) 51-67 (with Sarah Green)
  • “The Meaning of Commercial Contracts” in PS Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing, 2015) 215-240
  • “Defences and third parties” in A Dyson, J Goudkamp, F Wilmot-Smith (eds), Defences in Tort (Hart Publishing, 2014) 105-129
  • “Aid, abet, counsel or procure?” in S Pitel, J Neyers, E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart Publishing, 2013) 413-440
  • “Construing commercial contracts: no need for violence” in M Freeman and F Smith (eds), Law and Language: Current Legal Issues Volume 15 (OUP, 2013) 434-456
  • “Lighting the way ahead: the use and abuse of property rights” in S Bright (ed), Modern Studies in Property Law – Volume 6 (Hart Publishing, 2011) 39-58

SELECTED CASE NOTES

  • “‘Lawful Act’ Duress – Again” (2020) 136 LQR 7-12 (with W Day)
  • “Rectification Rectified” [2020] CLJ 8-12
  • “Interpretation and Implication in the Supreme Court” [2019] CLJ 267-270
  • “Varying Contracts in the Supreme Court” [2018] CLJ 464-467
  •  “One Step Backwards: Restricting Negotiating Damages for Breach of Contract” [2018] LMCLQ 433-440
  • “Equitable Compensation and the SAAMCO principle” (2018) 134 LQR 165-171
  • “Contract Formation and Implied Terms” [2018] CLJ 22-25
  • “Lawful Act’ Duress” (2018) 134 LQR 5-10 (with W Day)
  • “Interpretation and Rectification in Australia” [2017] CLJ 483-486
  • “One Step Forwards: The Availability of Wrotham Park Damages for Breach of Contract” [2017] LMCLQ 201-206
  • “Varying contracts” [2016] CLJ 11-14
  • “Remedies for misrepresentation” [2016] CLJ 15-17
  • “Accessory Liability in tort” (2016) 132 LQR 15-20
  • “Gain-based remedies for dishonest assistance” (2015) 131 LQR 173-176
  • “Limitation in Equity” [2014] LMCLQ 313-317
  • “Relief against penalties without a breach of contract” (2013) 72 CLJ 20-24 (with PG Turner)
  • “Registered charges in the contractual matrix” (2013) 129 LQR 24-27
  • “Joint tortfeasance and common design” (2013) 129 LQR 495-498
  • “No leapfrogging of contract in unjust enrichment” (2012) 71 CLJ 37-39
  • “Interpreting commercial contracts: a case of ambiguity” [2012] LMCLQ 26-29
  • “Interpreting Commercial Contracts: Back to the Top” (2011) 127 LQR 185-188
  • “Negotiating the boundaries of admissibility” (2011) 70 CLJ 24-27
  • “Swaps in another dimension” [2010] LMCLQ 529-536 (with P Rogerson)
  • “Contract and unjust enrichment: a blurry divide” (2010) 126 LQR 175-79
  • “Bank charges in the Supreme Court” (2010) 69 CLJ 21-24
  • “Auditors’ Liability: no need to detect fraud?” (2009) 68 CLJ 505-507
  • “Finding the Limits of Contractual Interpretation” [2009] LMCLQ 420-427
  • “The Illegality Defence and Public Policy” (2009) 125 LQR 556-560
  • “Bank Charges and Unfair Terms” (2008) 67 CLJ 466-469