In this book, practitioners, judges and academics provide a comprehensive assessment of the Contracts (Rights of Third Parties) Act 1999, a legislative cornerstone of English contract law.
The 1999 Act is a central statute in contract law, which transformed the rules on privity. Yet comparatively little is written on it. On the Acts 25th anniversary this study fills that gap. Experts in the field from academia and practice assess its reach and impact, shedding light on its areas of complexity. In addition to essays addressing the main provisions of the 1999 Act and the remedies that can be pursued under it, the consequences of the legislation on arbitration, banking, construction, employment, insurance, shipping and many other specialist fields are considered. The volume is introduced and concluded by reflections on the Acts history and future by Lord Burrows and Lady Justice Cockerill. This is a seminal reference work for all practitioners engaging with the 1999 Act, as well as scholars and students of contract law.
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Experts from the worlds of the judiciary, practice and academia provide the first comprehensive assessment of this legislative cornerstone in English contract law.
Introduction
1. From Bill to Act, Lord Burrows
General Perspectives
2. Section 1, William Day
3. Sections 2 and 3, Richard Calnan and Jodi Gardner
4. Sections 4 and 5, Janet OSullivan and Paul S Davies
5. Remedies, Hugh Beale
6. Equitable Remedies and Bars, Eliza Bond
7. The Contract (Third Party Rights) (Scotland) Act 2017, Hector MacQueen
Specific Perspectives
8. Employment, Catherine Barnard and Sarah Fraser Butlin KC
9. Trusts, Julius AW Grower
10. Real Property, Martin Dixon
11. Freehold Covenants, John Summers
12. Construction, Adrian Williamson KC
13. Shipping, Philippa Hopkins KC
14. Insurance, Sushma Ananda and Julia Gibbon
15. Banking, Ian Wilson KC
16. Bond Markets, Louise Gullifer and Guy OKeefe
17. Jurisdiction Agreements, Louise Merrett
18. Arbitration, Campbell McLachlan KC
Conclusion
19. Looking to the Future, Mrs Justice Cockerill
Janet OSullivan is Professor of Private Law at the University of Cambridge, UK. Louise Merrett is Professor of International Commercial Law at the University of Cambridge, UK. William Day is Fellow in Law and Director of Studies at Downing College, University of Cambridge, UK.
