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Biography
Roderick Bagshaw is Tutor and Fellow in Law at Magdalen College and an Associate Professor in the Faculty of Law. He teaches undergraduate courses in Administrative Law and Tort Law, and on the postgraduate BCL Private Law and Fundamental Rights course. He was formerly on the Executive Committee of the Society of Legal Scholars and the Convenor of the Society's Tort Law Subject Section.
Previous posts:
Fellow of Mansfield College 1994-2002.
Lecturer, Jesus College, 1992-94.
Publications
Recent additions
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R M Bagshaw, 'Ch. 23, Economic Torts,' in M Jones (ed), Clerk and Lindsell on Torts, 23rd edn (Sweet & Maxwell 2020) -
R M Bagshaw, 'Ch 7 Relevance, etc, ch 14 Corroboration, etc, ch 15 Identification and ch 16 Physical Conditions, etc' in Hodge Malek (ed), Phipson on Evidence (Nineteenth edition) (Sweet & Maxwell 2018) ISBN: 9780414065529Nicholas J McBride and R M Bagshaw, Tort Law (6th edition) (Pearson 2018) ISBN: 978-1-292-20783-4All publications
Chapter (14)
ISBN: 9780414065529
ISBN: 978-1-84946-591-5
This chapter seeks to illuminate some of the issues that a lawmaker
ought to consider when deciding in a particular context whether to design a tort law defence so that it requires the balancing of something on a defendants side against something on a claimants side, or balancing some public interest against something on the claimants side, with that balancing being conducted on the facts
of the instant case.
ISBN: 9781849465267
Account of the process that led to the passing of the Animals Act 1971 and its subsequent interpretation.
ISBN: 9781849461405
The principal theme of this chapter is that in pursuing the goal of making English tort law compatible with Convention rights, and the related goal of developing tort law so as to allow it to assist in protecting these rights, we should not lose sight of what makes a good tort duty. Lord Bingham commended the opinion that where a common law duty covers the same ground as a Convention right, it should, so far as practicable, develop in harmony with it (Van Colle v. Chief Constable of the Hertfordshire Police; Smith v. Chief Constable of Sussex Police [2008] UKHL 50; [2009] 1 AC 225 at [58]). But this chapter aims to unsettle any assumption that such harmony requires the development of tort duties which mirror Convention rights, even in situations where the tort duties will be owed by public bodies. It is more important for newly developed duties to be harmonious with the goals of the law of torts than for them to replicate concepts used by the Strasbourg Court.
ISBN: 9781107009325
Most proponents of a rights-focused account of the law of torts argue that not only are there currently no general common law rights to pure economic benefits but there are also good reasons why general common law rights to purely economic benefits should not exist whilst general common law rights to property do, or good reasons why legislators or judges should not in future create or recognise general common law rights to purely economic benefits. The main purpose of this chapter is to evaluate these good reasons using three perspectives provided by the edges of currently recognised legal rights.
ISBN: 9781849461429
This chapter investigates the concept of cause which ought to be used by tort lawyers when making claims such as that Dereks wrongful behaviour caused Trevor to act in some way, in particular in circumstances where we regard Trevors action as voluntary rather than coerced. The central issue is whether a tort lawyers inquiry into whether Dereks wrongful behaviour caused Trevor to act in some way ought to be the same as an inquiry into whether Dereks wrongful behaviour caused the kettle to boil or the toaster to burn the toast.
ISBN: 9781849460866
ISBN: 978-0-52-119953-7
This chapter explores the relationship between the capacity of tort law to achieve its goals and the nature of the concepts that are incorporated in the law.
ISBN: 9781841139098
ISBN: 0421-874708
Chapter in book
ISBN: 9041199179
ISBN: 0 406 96439 4
Book (6)
ISBN: 978-1-292-20783-4
5th edition of this student textbook.
ISBN: 978-1-292-07123-7
Fourth edition of this textbook
ISBN: 9781408252703
Third edition of McBride and Bagshaw's Textbook on Tort.
ISBN: 978-1-4058-5949-3
ISBN: 027368678X
Tort Textbook
ISBN: 582357012
Journal Article (2)
DOI: 10.1111/j.1748-121X.2006.00007.x
ISBN: 1748-121X
ISBN: 0961-5768
Case Note (3)
Casenote discussing Douglas v Hello! (no 3)
ISBN: 0023-933X
Casenote
ISBN: 0023933X
Casenote on Transco v Stockport MBC
ISBN: 0023-933X
Research programmes
Research Interests
Tort, Administrative Law, Private Law and Fundamental Rights, Evidence.