James Goudkamp is Professor of the Law of Obligations and Fellow of Keble College. Much of his research is focused on tort law although his interests extend to other parts of the law of obligations and also to civil procedure. James is the author of over 100 publications. One of James's main works is Tort Law Defences. Together with Professor Peter Cane, James is an author of the 9th edition of Atiyah's Accidents, Compensation and the Law and, together wtih Professor Donal Nolan, an author of the 20th edition of Winfield & Jolowicz on Tort Law. James has recently completed a major project on contributory negligence with Professor Nolan, which resulted in the publication of two volumes, Contributory Negligence: Principles and Practice and Contributory Negligence in the Twenty-First Century.
James studied science and law at the University of Wollongong, and was awarded the University Medal in law (2003). He then read for postgraduate degrees at Magdalen College, Oxford (BCL, 2007, MPhil, 2008 and DPhil in 2010). James was previously an Associate Lecturer in Law, Faculty of Law, University of Wollongong (2004-2005), an Associate to the Hon Justice Michael Kirby AC CMG of the High Court of Australia (2005-2006), a Lecturer in Law, St Hilda's College, Oxford (2008-2009), the Shaw Foundation Junior Research Fellow in Law, Jesus College, Oxford (2009-2011) and a Fellow of Balliol College, Oxford (2011-2013). He holds or has held visiting or cognate positions at Harvard Law School, the National University of Singapore, the University of Western Australia and the University of Wollongong. He is an member of the American Law Institute and an advisor to the Restatement (Third) on the Law of Torts to the Person.
James maintains chambers in London (7 King's Bench Walk) and is an Academic Bencher of the Inner Temple.
- If British lawmakers look to other jurisdictions for ideas as to how to reform tort law, it is not unlikely that they will turn their attention to Australia. Tort reform legislation swept across Australia at the start of the 21st Century. The purpose of this chapter is, therefore, to reflect upon what might be learned by British legislators from the Australian tort reform experience. It is hoped that this analysis might, in particular, assist legislators to understand, if they conclude that British tort law requires wider-scale statutory reforms than has occurred to date, which provisions in the Australian legislation might usefully be replicated or which at least deserve to be given serious consideration as a model for reform in Britain. It is also hoped that the analysis will help British legislators to appreciate which of the Australian provisions stand as nothing but warnings. Due to the small amount of space available only a handful of the Australian changes can be addressed. The analysis centres, therefore, on the most significant or interesting changes or those that seem to have the greatest prospect of being copied in Britain.The law of torts periodically spawns a new cause of action. For example, Wilkinson v Downton  2 QB 57 established the tort of wilful infringement of personal safety. The Protection from Harassment Act 1997 created the tort of harassment. Tort law sometimes also grows by absorbing a cause of action that was previously understood to pertain to another branch of the law. Thus, the action in breach of confidence, which was for centuries understood exclusively as a species of equitable wrongdoing, has been acknowledged, at least in cases that involve a breach of privacy as opposed to the divulgement of secret information, as a “tort” (see, e.g., Douglas v Hello! Ltd  UKHL 21;  1 AC 1  (Lord Nicholls)). The newest addition to the stable is the tort of malicious prosecution of civil proceedings. The Supreme Court recognised that action in its landmark decision in Willers v Joyce  UKSC 43;  3 WLR 477. In doing so, the Court thereby gave the ancient tort of malicious prosecution of criminal proceedings a sibling. This article addresses the decision in Willers.
Journal Article (40)
Edited Book (8)
Case Note (33)
Internet Publication (1)
Tort law; law of obligations; civil procedure; commercial law; criminal law; comparative private law; remedies
Options taughtTort, Criminal Law (Mods), Principles of Civil Procedure, A Roman Introduction to Private Law
News articles for James Goudkamp
James Goudkamp elected as a Member of American Law Institute
James Goudkamp elected as an Academic Bencher of the Honorable Society of the Inner Temple
Publication of 'Scholars of Tort Law' edited by Donal Nolan and James Goudkamp
Contributory Negligence in the Twenty-First Century by James Goudkamp and Donal Nolan
'Scholars of Tort Law' Workshop
Blog posts by James Goudkamp
Punitive Damages in Action
By James Goudkamp, Keble College | Eleni Katsampouka, Faculty of LawOxford Business Law Blog
Contributory Negligence in the Twenty-First Century: An Empirical Study
By James Goudkamp, Keble College | Donal Nolan, Worcester CollegeOxford Business Law Blog