Thank you to Ross for drawing this to the attention of list members. Colleagues may be particularly interested in the essay by Lord Hoffmann, ‘Fairchild and After’ (Essay 8) in which he writes the following at p 68:

‘In retrospect, I think the most satisfactory outcome [in Fairchild] would have been for their Lordships in their judicial capacity to have adhered to established principle, wrung their hands about the unfairness of the outcome in the particular case, and recommended to the Government that it pass appropriate legislation. Then judiciary and legislature would each have been functioning within its proper sphere: the judges not creating confusion in the common law by trying to legislate for special cases and Parliament amending the common law where fairness and the public interest appeared to demand it.’

Other essays relevant to the law of obligations include those by Lord Dyson (essay 6: ‘Some Reflections on Lord Rodger’s Contribution to the Development of the Common Law’), several on Scots Law (eg by Jacques du Plessis and Robin Evans-Jones on unjustified enrichment (essays 33-34); Philip Hellwege on contractual interpretation (essay 36); and Joe Thomson on liability for Negligence (essay 39)); Sonia Meier who, in essay 45, takes a comparative law approach to ‘Performance of an Obligation by a Third Party’; and my own essay on ‘Common Law Retrospectivity’ (essay 41).

There are insights into the work of the UK Supreme Court not only in the nine essays by Law Lords/Supreme Court justices but also by Lord Rodger’s last judicial assistant Tetyana Nesterchuk whose essay (essay 11) is entitled ‘The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court’.

All legal academics will also find much of interest in the essay, essay 40, by Lord Justice Beatson, ‘Legal Academics: Forgotten Players or Interlopers?’

Best wishes,

Andrew

Professor Andrew Burrows QC, FBA,

Professor of the Law of England,

All Souls College,

Oxford,

OX1 4AL

From: Donald Macdonald [mailto:d.r.macdonald@dundee.ac.uk]
Sent: 07 July 2013 16:14
To: obligations@uwo.ca
Subject: ODG: just published (Burrows et al (ed), "Judge and Jurist...")

Dear colleagues,

While not particularly (or even primarily) a book on aspects of obligations law, members may like to know of the appearance of the denkschrift commemorating Lord Rodger of Earlsferry. The attached link takes you to the book details, including contents.

http://ukcatalogue.oup.com/product/9780199677344.do#.UdmAnNijO2Y

Judge and Jurist [:] Essays in Memory of Lord Rodger of Earlsferry

Edited by Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

752 pages | 234x156mm

978-0-19-967734-4 | Hardback | 20 June 2013 £125

Best

Ross Macdonald (School of Law, University of Dundee)

The University of Dundee is a registered Scottish Charity, No: SC015096

From:	Andrew Burrows <andrew.burrows@law.ox.ac.uk>
To:	Donald Macdonald <d.r.macdonald@dundee.ac.uk>
	obligations@uwo.ca
Date:	08/07/2013 08:28:55 UTC
Subject:	RE: just published (Burrows et al (ed), "Judge and Jurist...")