University of Nottingham Commercial Law Centre

UNCLC Student Seminar - The Idea of Legitimate Interest in Contract Law: Help or Hindrance?

E07 Monica Partridge Building
Tuesday 29th March 2022 (14:00-15:00)

Tuesday 29 March,  2-3pm, room E07 Monica Partridge Building (refreshments on arrival)

Speaker: Jakub Mikulski (University of Nottingham)

Chair: Professor Howard Bennett

This talk examines the use of ‘legitimate interest’ language in contract law cases, recently invoked by the Supreme Court in Cavendish v Makdessi and going back to Lord Reed’s comments in White & Carter v McGregor. This phrase has frequently been used regarding the availability of commercial remedies but remains the subject of much uncertainty. Can the various streams of case law be reconciled into one useful definition or does the term merely indicate unrestricted judicial discretion motivated by notions of fairness? The talk will analyse three key ‘legitimate interest’ approaches to contract law remedies and evaluate their compatibility.

University of Nottingham Commercial Law Centre

University of Nottingham
University Park
Nottingham, NG7 2RD