Oxford Law Faculty hosts 'Issues in the Law of Rescission' Symposium

Associated people

On Friday, 14 March 2025, Jonas Atmaz Al-Sibaie and Jordan English, on behalf of the Oxford Law Faculty, hosted a symposium on 'Issues in the Law of Rescission' at the Weston Library. The symposium brought together judges, practitioners, academics, and students to discuss important and unresolved issues in the law of rescission. 

The symposium was comprised of four sessions:

  • The first session on the 'Foundations of Rescission' was chaired by Lord Briggs (Supreme Court of the United Kingdom) and featured three papers. Professor Birke Häcker's (Universität Bonn) paper focused on 'Explaining the Right to Rescind', Professor Ben McFarlane's (University of Oxford) paper covered 'The Nature of Powers to Rescind: Proprietary, Personal, or Other?', and Professor William Swadling's (University of Oxford) paper addressed 'Rescission: The Role of the Court'.
  • The second session on the 'Rescission of Different Transactions' was chaired by Mr Justice Andrew Baker (Commercial Court) and featured three papers. Professor Elise Bant's (University of Western Australia) paper addressed 'Corporate Rescission, Professor Lionel Smith's (University of Oxford) paper covered 'Rescission in the Context of Fiduciary Relationships', and Professor Yip Man's (Singapore Management University) paper focused on 'Rescission of Unconscionable Gifts'.
  • The third session on the 'Grounds of and Bars to Rescission' was chaired by Mrs Justice Cockerill (Commercial Court) and featured three papers. Professor Robert Stevens' (University of Oxford) paper covered 'The Scope of Rescission for Duress', Professor Steven Elliott KC's (One Essex Court and National University of Singapore) paper addressed 'The Power to Prevent Disproportionate Relief', and Dr Magda Raczynska's (University College London) paper focused on 'Third Party Rights as a Bar to Rescission'.
  • The fourth session on the 'Consequences of Rescission' was chaired by Professor Dame Sarah Worthington (London School of Economics) and featured a single paper by Professor Lusina Ho (University of Hong Kong) on 'The Proprietary Consequences of Rescission in Equity'.

The symposium brought together approximately 100 in-person attendees from the UK and abroad and a number of further participants joined online.

The proceeds of the symposium are due to be published in an edited collection with Oxford University Press.