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).
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).
- 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.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.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.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’.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.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 caseA 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.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.A case note on the decision of the Court of Appeal in El Makdessi v Cavendish Square Holdings BV  EWCA Civ 1539ISBN: 0023-933XISBN: 978-0-414-02565-3An 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 breachISBN: 0306-2945A note on the decision of the HCA in Andrews v ANZ Banking Group Ltd  HCA 30ISBN: 0023-933XA 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 PromisesISBN: 9781405763592ISBN: 9781847039217ISBN: 978-0-521-19789-2An essay concerning the limits to the enforceability of agreements to negotiate and a proposal for reformISBN: 978-0-19-958370-6A collection of essays on the 'formation process' and 'third parties' based on the papers presented at the Oxford-Norton Rose Law Colloquium, September 2009ISBN: 978-0-19-958370-6A comment on the decision of the House of Lords in The AchilleasISBN: 0023-933XEdited collection of essays from colloquium on contractual interpretation and particular contract termsISBN: 978-0-19-922937-6An introductory report assessing the issues raised by the decisions of the ECJ in Owusu, Gasser & TurnerISBN: 978-1-84113-783-4ISBN: 9780421948402ISBN: 9780199229376a casenote on the HL decision in Barker v CorusISBN: 0306 2945a casenote on the HL decision in Concord Trust v Law Debenture Trust CorpISBN: 0023-933XCollection of essays in Property, Philosophy, Precedent and Human RightsISBN: 0-19-929096-2ISBN: 0-19-929096-2An 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 JacksonISBN: 0306 2945A note of the House of Lords' decision in Gregg v ScottISBN: 0023-933XA casenote on the House of Lords' decision in The Starsin, dealing with the construction of contracts and the scope of the Hague RulesISBN: 0023-933XEdited collection of essays, responses and conference discussionconcerned with current issues and problems in the law of remediesISBN: 0-19-926465-1A short article based around the Court of Appeal's decisionin Gregg v Scott which discusses claims for loss of a chance inmedical negligence.ISBN: 0026-7961ISBN: 0-19-926465-1A casenote on the House of Lords' decision in Kuwait Airways Corp v Iraqi Airways CoISBN: 0023-933XA survey of the decisions of the European Court of Justice in 1999-2000 on the interpretation of the Brussels Convention 1968ISBN: 0-19-924340-9A casenote on the House of Lords' decision in Lubbe v Cape plcISBN: 0-421-755-407A casenote on the Court of Appeal's decision in Watford Electronics Ltdv Sanderson CFL LtdISBN: 0-421-755-407
Contract, Conflict of Laws
Options taughtContract, Tort, International Trade, Conflict of Laws