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 is also responsible for Contract in Halsbury's Laws of England: Vol.22 (5th edition). Beyond the law of Contract, he was co-author (with Professor James Goudkamp) of Winfield & Jolowicz on Tort (19th 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).
He has published 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).
Edwin Peel, Treitel: The Law of Contract (15th edition, Sweet & Maxwell 2020)
Journal Article (6)
Edwin Peel, 'Loss of Bargain Damages' (2020) Lloyds Maritime & Commercial Law Quarterly 449
Edwin Peel, 'Negotiating Damages after One Step' (2019) 35 Journal of Contract Law 216
The English courts have for some time awarded as damages a sum which
has variously been described as ‘user damages’, or a ‘licence fee’ or a
‘release fee’. The essential idea is that the sum in question is what the
parties, acting reasonably, might have negotiated that the defendant should
pay to have been released from the obligation owed to the claimant. While
longstanding in relation to certain torts and some equitable wrongs, more
recently the courts have been concerned with whether such an award should
be made, and in what circumstances, for breach of contract. The Supreme
Court has now had its opportunity to contribute to this debate in the One
Step case. This paper analyses the law in this area in light of the decision
reached by the court. While the principal focus, as in the One Step case, is
on the award of damages for breach of contract, it also reflects on the nature
and scope more generally of what the court has said should be referred to
as ‘Negotiating Damages’.
Edwin Peel, 'The Termination Paradox' (2013) Lloyds Maritime & Commercial Law Quarterly 519
An article dealing with the circumstances in which termination for breach of contract pursuant to the express provisions of the contract may prevent submission that the contract was terminated for repudiatory breach, analysing the basis for such a finding (which appears to lie in affrmation), its consequences, and potential solutions for parties wishing to retain the right to sue for repudiatory breach
Edwin Peel, 'Forum Non Conveniens and European Ideals' (2005) Lloyds Maritime and Commercial Law Quarterly 363
An article assessing the scope for a discretionary stay of proceedings commenced pursuant to Council Regulation (EC) 44/2001 in the aftermath of the decision of the ECJ in Owusu v Jackson
ISBN: 0306 2945
Edwin Peel, 'Loss of a chance revisited' (2003) 63 Modern Law Review 623
A short article based around the Court of Appeal's decisionin Gregg v Scott which discusses claims for loss of a chance inmedical negligence.
Edwin Peel, 'Exclusive Jurisdiction Agreements: Purity & Pragmatism in the Conflict of Laws ' (1998) Lloyds Maritime & Commercial Law Quarterly 182
Edwin Peel, 'Penalties' in S. Worthington and W. Day (eds), Challenging Private Law: Lord Sumption and the Supreme Court 2012-2018 (Hart Publishing 2020) (forthcoming)
An assessment of the rule against penalties after the decision of the Supreme Court in Cavendish Square Holdings v Makdessi. The paper argues that the test for a penalty continues to be governed by a comparison between the remedy agreed by the parties and the remedy which might have been ordered by the courts in the absence of any agreement of the parties. Any "broader approach" heralded by the decision in Makdessi is directed at the "interest" of the parties which might legitimately, or conceivably, be the subject of a remedy.
Edwin Peel, 'The Common Law Tradition: Regulation of Boilerplate Clauses in English Law' in G. Cordero-Moss (ed), Boilerplate Clauses, International Commercial Contracts and the Applicable Law (CUP 2011)
Edwin Peel, 'Agreements to Negotiate in Good Faith' in Andrew Burrows and Edwin Peel (eds), Contract Formation and Parties (OUP 2010)
An essay concerning the limits to the enforceability of agreements to negotiate and a proposal for reform
Edwin Peel, 'Whither contra proferentem' in Andrew Burrows & Edwin Peel (ed), Contract Terms (OUP 2007)
Edwin Peel, 'The Legacy of Penn v Lord Baltimore' in Timothy Endicott, Joshua Getzler, and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (OUP 2006)
Edwin Peel, 'SAAMCO Revisited' in Andrew Burrows and Edwin Peel (eds), Commercial RemediesCurrent Issues and Problems (OUP 2003)
Edwin Peel, 'The Brussels Convention 1999-2000' in (ed), Yearbook of European Law 2001 (Oxford University Press 2002)
A survey of the decisions of the European Court of Justice in 1999-2000 on the interpretation of the Brussels Convention 1968
Edwin Peel, 'Conflict of Laws' in McKendrick (ed), Sale of Goods (Lloyd's of London Press 2000)
Edwin Peel, 'Decisions of the ECJ under the Brussels Convention' in (ed), Yearbook of European Law (OUP 2000)
Edwin Peel, 'Exemption Clauses' in McKendrick (ed), Sale of Goods (Lloyd's of London Press 2000)
Edwin Peel, 'Decisions of the ECJ under the Brussels Convention' in (ed), Yearbook of European Law (OUP 1999)
Edwin Peel, 'The Implications of the Ruxley Decision' in Rose (ed), Failure of Contracts (Hart Publishing 1997)
Edwin Peel, 'Jurisdiction under the Brussels Convention' in Rose (ed), Restitution and the Conflict of Laws (Mansfield Press 1995)
Edwin Peel, 'Jurisdiction, Foreign Judgments and Choice of Law' in Mildred (ed), Product Liability: Law and Insurance (Lloyd's of London Press 1995)
A comment on the decision of the CA in FSHC Group Holdings Ltd v Glas Trust Corp Ltd not to follow the obiter dictum of Lord Hoffmann in Chartbrook v Persimmon Homes Ltd on the correct approach to "common mistake" rectification.
Edwin Peel, 'The Proper Law of an Arbitration Agreement' (2020) 136 Law Quarterly Review 534 [Case Note]
A note of the decision of the Court of Appeal in Enka v Chubb  EWCA Civ 574, dealing in particular with the question of the proper law of an arbitration agreement where the curial law and the law of the main contract differ. An appeal has been heard by the Supreme Court and judgment is pending.
A comment on the decision of the Court of Appeal in Triple Point Technology Inc v PTT Public Company Ltd  EWCA Civ 230 dealing with the interpretation of a liquidated damages clause in the event of termination of the contract.
A note of the decisions of the Court of Appeal in Nobahar-Cookson v The Hut Group Ltd  EWCA Civ 128 and Transocean Drilling UK Ltd v Provdence Resources Plc  EWCA Civ 372.
Edwin Peel, 'Terms Implied in Fact' (2016) 132 Law Quarterly Review 531 [Case Note]
A comment on the decision of the Supreme Court in Marks & Spencer v BNP Paribas, questioning the need felt by the Court to distance itself from some of the comments made by Lord Hoffmann in the earlier Belize Telecom case
Edwin Peel, 'Withdrawal for late payment of hire under a charterparty ' (2016) 132 in Law Quarterly Review 177 [Case Note]
A note on the conflicting decisions of the High Court in The MV Astra and the Spar Shipping case on whether timely payment of hire in a time charterparty is a "condition", in the absence of any express agreement of the parties.
Edwin Peel, 'Desideratum or principle: the compensatory principle revisited' (2015) 131 Law Quarterly Review 29 [Case Note]
A note of the decision of Teare J. in The Glory Wealth on the extent to which the courts, when assessing damages for breach of contract, may take into account post-termination evidence that the claimant would not have been able to perform his future obligations.
Edwin Peel, 'Unjustified penalties or an unjustified rule against penalties' (2014) 130 Law Quarterly Review 365 [Case Note]
A case note on the decision of the Court of Appeal in El Makdessi v Cavendish Square Holdings BV  EWCA Civ 1539
Edwin Peel, 'The rule against penalties' (2013) Law Quarterly Review 152 [Case Note]
A note on the decision of the HCA in Andrews v ANZ Banking Group Ltd  HCA 30
Edwin Peel, 'Affirmation by Termination' (2009) 125 Law Quarterly Review 378 [Case Note]
Edwin Peel, 'Arbitration & anti-suit injunctions in the European Union' (2009) 125 Law Quarterly Review [Case Note]
A casenote on the Court of Appeal's decision in Watford Electronics Ltdv Sanderson CFL Ltd
Edwin Peel, 'Anti-suit injunctions – The House of Lords declines to act as International Policeman' (1998) 114 Law Quarterly Review 543 [Case Note]
Edwin Peel, 'Jurisdiction over Restitutionary Claims' (1998) Lloyds Maritime & Commercial Law Quarterly 22 [Case Note]
Edwin Peel, 'Forum Non Conveniens & The Impecunious Plaintiff - Legal Aid & Conditional Fees' (1997) 113 Law Quarterly Review 43 [Case Note]
Edwin Peel, 'Jurisdiction over Non-existent Contracts' (1996) 112 Law Quarterly Review 541 [Case Note]
Edwin Peel, 'Misinterpretation of Contractual Rights and Repudiation' (1996) Lloyds Maritime & Commercial Law Quarterly 309 [Case Note]
Edwin Peel, 'Non-admissibility & Restitution in the European Court of Justice' (1996) Lloyds Maritime & Commercial Law Quarterly 8 [Case Note]
Edwin Peel, 'Part Payment of a Debt is No Consideration' (1994) 110 Law Quarterly Review 353 [Case Note]
Edwin Peel, 'Recognition and Enforcement under the Brussels Convention' (1994) 110 Law Quarterly Review 386 [Case Note]
Edwin Peel, 'Making More Use of the Unfair Contract Terms Act 1977' (1993) 56 Modern Law Review 98 [Case Note]
Edwin Peel, 'Locking In and Locking Out: the Enforceability of Agreements to Negotiate' (1992) Cambridge Law Journal 209 [Case Note]
Edwin Peel, Treitel: The Law of Contract (15th edition, Sweet & Maxwell 2020)
Edwin Peel, Treitel: The Law of Contract (14th edition Sweet & Maxwell 2015)
Edwin Peel and J. Goudkamp, Winfield & Jolowicz on Tort (Sweey & Maxwell 2014)
Edwin Peel, Halsburys Laws of England (Vol 22 (Contract) LexisNexis 2012)
A treatise on the law of contract; in particular: (i) Introduction, (ii) Form & Formalities; (iii) Formation, (iv) Consideration & Privity, (v) Contractual Terms, (vi) Illegality, (vii) Frustration, (viii) Discharge of Contractual Promises, (ix) Joint and Several Promises
Edwin Peel, Treitel: The Law of Contract, 13th ed. (Sweet & Maxwell 2011)
Edwin Peel, Treitel: The Law of Contract, 12th edition (Thomson, Sweet & Maxwell 2007)
Edited Book (5)
Edwin Peel and Andrew Burrows (eds), Contract Formation and Parties (OUP 2010)
A collection of essays on the 'formation process' and 'third parties' based on the papers presented at the Oxford-Norton Rose Law Colloquium, September 2009
Edwin Peel and Andrew Burrows (eds), Contract Terms (OUP 2007)
Edited collection of essays from colloquium on contractual interpretation and particular contract terms
Edwin Peel (ed), Introduction, in Forum Shopping in the European Judicial Area (2007) (Hart Publishing 2007)
An introductory report assessing the issues raised by the decisions of the ECJ in Owusu, Gasser & Turner
Edwin Peel, Joshua Getzler and Timothy Endicott (eds), Properties of Law, Essays in Honour of Jim Harris (OUP 2006)
Collection of essays in Property, Philosophy, Precedent and Human Rights
Edwin Peel and Andrew Burrows (eds), Commercial Remedies (Oxford University Press 2003)
Edited collection of essays, responses and conference discussionconcerned with current issues and problems in the law of remedies
Edwin Peel, 'Understanding the Law of Obligations' (1999) Law Quarterly Review 335 [Review]