Edwin Peel

Ed Peel is Professor of Law in the Faculty and the Clarendon Harris Fellow in Law at Keble College.  He is also a tenant at One Essex Court and sits as an Arbitrator. 

His research interest lies mainly in the law of Contract and he is most well known for his work on Treitel: The Law of Contract, for which he has been responsible since the 12th edition.  He also wrote the volume on Contract in Halsbury's Laws of England (5th edition). 

As editor, he has been responsible for three collections of essays on the law of obligations (all co-edited with Professor Andrew Burrows): Commercial Remedies, Contract Terms and Contract Formation & Third Parties; as well as a collection of essays in memory of Professor Jim Harris: Properties of Law (co-edited with Professor Timothy Endicott and Professor Joshua Getzler), and festschrifts in honour of Professor Adrian Briggs (co-edited with Professor Andrew Dickinson): A Conflict of Laws Companion and Professor Ewan McKendrick (co-edited with Professor Rebecca Probert): Shaping the Law of Obligations

He has also published chapters, articles, notes and reviews, mainly on the law of Contract, but also on the law of Tort and the Conflict of Laws (or Private International Law).

He was for some years a lecturer to the Judicial College as part of its civil law training (Oxford and the Judicial College) and speaks regularly to law firms on developments in the law.

As Counsel, he has appeared in, or assisted with, a number of cases at the forefront of the development of the law of Contract, including Cavendish Square Holdings BV v Makdessi (2015) and Morris-Garner v One Step (Support) Ltd (2018).

Publications

Books (Authored)

Frustration & Force Majeure (4th edition, Sweet & Maxwell, 2021)

Treitel: The Law of Contract (15th edition, Sweet & Maxwell, 2020)

Treitel: The Law of Contract (14th edition, Sweet & Maxwell, 2015)

Winfield & Jolowicz on Tort (19th edition, Sweet & Maxwell, 2014) (co-authored with Prof. J. Goudkamp)

Halsbury’s Laws of England: Vol. 22 Contract (5th edition, Lexis, 2012)

Treitel: The Law of Contract (13th edition, Sweet & Maxwell, 2011)

Treitel: The Law of Contract (12th edition, Sweet & Maxwell, 2007)

Books (Edited)

Shaping the Law of Obligations: Essays in Honour of Ewan McKendrick KC (OUP, 2023. Co-edited with Prof. R. Probert)

A Conflict of Laws Companion: Essays in Honour of Adrian Brigs QC (OUP, 2021.  Co-edited with Prof. A. Dickinson)

Contract Formation & Third Parties (OUP, 2010.  Co-edited with Prof. A. Burrows)

Contract Terms (OUP, 2007. Co-edited with Prof. A. Burrows)

Properties of Law: Essays in Honour of Jim Harris (OUP, 2006. Co-edited with Dr. T. Endicott and Dr. J. Getzler)

Commercial Remedies (OUP, 2003.  Co-edited with Prof. A. Burrows)

Book chapters

‘The Common Law Tradition: Regulation of Boilerplate Clauses under English Law’, in Boilerplate Clauses, International Commercial Contracts and the Applicable Law (CUP, 2011.  Edited by Giuditta Cordero Moss)

Introductory Report, Forum Shopping in the European Judicial Area (Hart Publishing, 2007).

Review of the Decisions of the European Court of Justice under the Brussels Convention in 1999-2000, Yearbook of European Law, 2000 (2002, OUP)

Review of the Decisions of the European Court of Justice under the Brussels Convention in 1998, Yearbook of European Law, 1998 (1999, OUP)

‘Conflict of Laws’, in Sale of Goods (ed., McKendrick. 2000. Lloyd's of London Press)

‘Exemption of the Seller’, in Sale of Goods (ed., McKendrick. 2000. Lloyd's of London Press)

‘The Implications of the Ruxley Decision - a Comment’ in Rose (ed.), Failure of Contracts (1997, Hart Press)

‘Jurisdiction under the Brussels Convention’ in Rose (ed.), Restitution and the Conflict of Laws (1995, Mansfield Press), ch.1

‘Jurisdiction, Foreign Judgments and Choice of Law’ in Mildred (ed.), Product Liability: Law and Insurance (Lloyd’s of London Press)

Journal Articles/Essays

‘Implied Terms & Restitution’, in Shaping the Law of Obligations: Essays in Honour of Ewan McKendrick KC (OUP, 2023)

‘Spiliada Maritime Corporation v Cansulex Ltd’, in Landmark Cases in Private International Law (Hart Publishing, 2023.

‘How Private is Private International Law’, in A Conflict of Laws Companion: Essays in Honour of Adrian Brigs QC (OUP, 2021)

‘Penalties’, in Challenging Private Law: Lord Sumption and the Supreme Court 2012-2018 (Hart Publishing, 2020)

‘Loss of Bargain Damages’ [2020] LMCLQ 449

‘Negotiating Damages after One Step’ [2019] 35 JCL 216

‘The Termination Paradox’ [2014] LMCLQ 519

‘Agreements to negotiate in good faith’, in Contract Formation & Third Parties (OUP, 2010)

‘Whither contra proferentem?’, in Contract Terms (OUP, 2007)

‘The legacy of Penn v. Lord Baltimore’, in Properties of Law: Essays in Honour of Jim Harris (OUP, 2006)

‘Forum Non Conveniens and European Ideals’ [2005] LMCLQ 363

‘SAAMCO revisited’, in Commercial Remedies (OUP, 2003)

‘Exclusive Jurisdiction Agreements: Purity & Pragmatism in the Conflict of Laws [1998] LMCLQ 182

Shorter articles & case notes

‘Overcoming Force Majeure by Reasonable Endeavours’ [2023] LMCLQ 177

‘Three Issues in Misrepresentation’ [2022] LMCLQ 374

‘The Scope of a Demurrage Clause’ (2022) 138 LQR 348

‘Excluding Liability for “Wasted Expenditure”’ [2021] LMCLQ 432

‘The Proper Law of an Arbitration Agreement’ (2020) 136 LQR 534

‘Rectification Revisited’ (2020) 136 LQR 205

‘Liquidated Damages & Termination’ (2019) 135 LQR 530

‘Contra Preferentem Revisited’ (2017) 133 LQR 7

‘Terms Implied in Fact’ (2016) 132 LQR 531

‘Withdrawal for late payment of hire under a charterparty’ (2016) LQR 132

‘Desideratum or principle: the compensatory principle revisited’ (2015) 131 LQR 29

‘Unjustified penalties or an unjustified rule against penalties’ (2014) 130 LQR 365

‘The rule against penalties’ (2013) 129 LQR 152

‘Affirmation by Termination’ (2009) 125 LQR 378

‘Arbitration & Anti-suit injunctions in the EU’ (2009) 125 LQR 365

‘Remoteness re-visited’ (2009) 125 LQR 6

‘Lost chances and proportionate recovery’ [2006] LMCLQ 289

‘No liability for service of an invalid notice of “Event of default”’ (2006) 122 LQR 179

‘Loss of a chance in medical negligence’ (2005) 121 LQR 364

‘Actual Carriers & The Hague Rules’ (2004) 120 LQR 11

‘Loss of a chance revisited’ (2003) 66 MLR 623

‘The scope of double actionability and public policy’ (2003) 119 LQR 1

‘Reasonable exemption clauses’ (2001) 117 LQR 545

‘Forum Non Conveniens revisited’ (2001) 117 LQR 187

‘Anti-suit injunctions – The House of Lords declines to act as International Policeman’ (1998) 114 LQR 543

‘Jurisdiction over Restitutionary Claims’ [1998] LMCLQ 22

‘Forum Non Conveniens & The Impecunious Plaintiff - Legal Aid & Conditional Fees’ (1997) 113 LQR 43

‘Jurisdiction over Non-existent Contracts’ (1996) 112 LQR 541

‘Misinterpretation of Contractual Rights and Repudiation’ [1996] LMCLQ 309

‘Non-admissibility & Restitution in the European Court of Justice’ [1996] LMCLQ 8

‘Recognition and Enforcement under the Brussels Convention’ (1994) 110 LQR 386

‘Part Payment of a Debt is No Consideration’ (1994) 110 LQR 353

‘Making More Use of the Unfair Contract Terms Act 1977’ (1993) 56 MLR 98

‘Locking In and Locking Out: the Enforceability of Agreements to Negotiate’ [1992] CLJ 209

Review Articles

Understanding the Law of Obligations, A. Burrows (1999) 115 LQR 335

Book reviews

The Conflict of Laws, P. Stone, (1996) 45 ICLQ 465

International Civil Procedures, ed. Campbell [1997] LMCLQ 318

Transnational Tort Litigation, ed. McLachlan & Nygh (1997) 46 ICLQ 733

Topics in Choice of Law, P. Jaffey (1998) 47 ICLQ 482

Dicey & Morris: The Conflict of Laws (ed. Collins) (2000) 116 LQR 684

Choice of Law for Equitable Doctrines, TM Yeo (2006) 122 LQR 344

International Sale of Goods in the Conflict of Laws, Fawcett, Harris & Bridge (2006) 122 LQR 344

Other

“Pre-Contractual Liability in Property Law: A Contradiction in Terms?”, Blundell Lectures 2007

“Lost Chances & Proportionate Recovery”, Atlantic Chambers Tort Lecture 2006

Unpublished reports & submissions

The Law Commission (Consultation Paper No. 137)

The Lord Chancellor’s Department (Review of the Brussels & Lugano Conventions)

The House of Lords Special Public Bill Committee (Private International Law (Miscellaneous Provisions) Bill)