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Faculty Contact Details

Room: T7

Tel: 30095

College Contact Details

Room: O4, Old Court

Tel: 38067

Professor of English Law; Deputy Chair, Faculty Board of Law

MA (Oxon) PhD (Cantab)


Contract, Tort, Constitutional Law, Legal Reasoning

CV / Biography

Fellow, Dean of Discipline, and Director of Studies in Law, Corpus Christi College.

Jonathan Morgan began his career as a lecturer in English Law at Warsaw University, and he maintains links with legal education in the region, as a trustee of the charity Juris Angliae Scientia Ltd and judge of the Central and Eastern European Mooting Competition.




Great Debates in Tort Law (Hart, 2022)

ISBN 13:
Published Nov 2022

Great Debates in Contract Law (Macmillan (Red Globe Press), 2020) 3rd Edition

Hepple and Matthews' Tort Law: Cases and Materials (with David Howarth, Martin Matthews, Janet O'Sullivan, Stelios Tofaris, Bob Hepple) (Hart, 2015) 7th Edition

David Howarth, Martin Matthews, Janet O'Sullivan, Stelios Tofaris, Bob Hepple
ISBN 13:
Published Oct 2015

Great Debates in Contract Law (Palgrave, 2015) 2nd Edition

Contract Law Minimalism: A Formalist Restatement of Commercial Contract Law (Cambridge University Press, 2013)

ISBN 13:
Published Nov 2013

Great Debates in Contract Law (Palgrave Macmillan, 2012)

ISBN 13:
Published May 2012

Hepple and Matthews' Tort: Cases and Materials (ed), 2008) 6th Edition

Martin Matthews and Colm O'Cinneide
Published Oct 2008


"Equality at the contract-tort boundary: levelling up or levelling down?" (2022) 38 Prof Neg 135-161

(2022) 38 Prof Neg 135-161
Published: Oct 2022

"IRAL's missing remedy: Compensation for unlawfulness" U.K. Const. L. Blog (12th October 2021)

U.K. Const. L. Blog (12th October 2021)
Published: Oct 2021

"In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill 2021" U.K. Const. L. Blog (23rd Sept. 2021)

"Covid-19 and False Imprisonment" U.K. Const. L. Blog (3rd Nov. 2020)

U.K. Const. L. Blog (3rd Nov. 2020)
Published: Nov 2020

""O Lord make me pure--But not yet": Granting time for the amendment of unlawful legislation" (2019) 135 LQR 585

(2019) 135 LQR 585
Published: Oct 2019

"Nonfeasance and the end of policy? Reflections on the revolution in public authority liability" (2019) 35 Prof Neg 32-53

(2019) 35 Prof Neg 32-53
Published: Feb 2019

"Common mistake in contract: Rare success and common misapprehensions" [2018] CLJ 559-569

[2018] CLJ 559-569
Published: Nov 2018

"Abolishing personal injuries law? A response to Lord Sumption" (2018) 34 Prof Neg 122-142

(2018) 34 Prof Neg 122-142
Published: Sep 2018

"Contracting for self-denial: on enforcing "no oral modification" clauses " [2017] CLJ 589-615

[2017] CLJ 589-615
Published: Nov 2017

"Law, Politics and the Independence of the Judiciary in the United Kingdom: Reflections on the “Brexit litigation”" (2016) 25 Commonwealth Lawyer 7-12

(2016) 25 Commonwealth Lawyer 7-12
Published: Feb 2017

"A Brexit general election?" (2016) UK Constitutional Law Blog

(2016) UK Constitutional Law Blog
Published: Jul 2016

"On the intractability of the human rights debate" (2016) Judicial Power Project

(2016) Judicial Power Project
Published: Apr 2016

"Vicarious liability for independent contractors?" (2015) 31 Prof Neg 235-258

(2015) 31 Prof Neg 235-258
Published: Dec 2015

"Smuggling mitigation into White & Carter v McGregor: Time to come clean?" [2015] LMCLQ 575-594

[2015] LMCLQ 575-594
Published: Nov 2015

"Liability for Independent Contractors in Contract and Tort: Duties to Ensure that Care is Taken" [2015] CLJ 109–139

[2015] CLJ 109–139
Published: Mar 2015

"Strict Liability for Police Nonfeasance? The Kinghan Report on the Riot (Damages) Act 1886" (2014) 77 MLR 434-459

(2014) 77 MLR 434-459
Published: May 2014

"A mare's nest? The Jockey Club and judicial review of sports governing bodies" (2012) 12 Legal Information Management 102

(2012) 12 Legal Information Management 102
Published: Mar 2012

"Policy reasoning in tort law: The courts, the Law Commission and the critics" (2009) 125 LQR 215

(2009) 125 LQR 215
Published: Apr 2009

"Against judicial review of discretionary contractual powers" [2008] LMCLQ 230

[2008] LMCLQ 230
Published: May 2008

"The rise and fall of the general duty of care" (2006) 22 Prof Neg 206

(2006) 22 Prof Neg 206
Published: Dec 2006

"Tort, insurance and incoherence" (2004) 67 MLR 384

(2004) 67 MLR 384
Published: Mar 2004

"Privacy, confidence and horizontal effect" [2003] CLJ 444

[2003] CLJ 444
Published: Jan 2003

"Law's British Empire" (2002) 22 OJLS 729

(2002) 22 OJLS 729
Published: Oct 2002

"Questioning the True Effect of the Human Rights Act" [2002] Legal Studies 259

[2002] Legal Studies 259
Published: Jun 2002

"Nuisance and the unruly tenant" [2001] CLJ 382

[2001] CLJ 382
Published: Jul 2001

Book Chapters

"The British Politics of Medical Negligence Reform: ‘Protecting Our NHS’ from Claims in Tort" in J Gardner, A Goymour, J O'Sullivan, S Worthington (ed(s)), Politics, Policy and Private Law Volume I: Tort, Property and Equity, 2024), pp. 63-86

Published Jan 2024

"Professor Ian Roderick Macneil (1929–2010)" in James Goudkamp and Donal Nolan (ed(s)), Scholars of Contract Law (Hart, 2022), pp. 295-330

ISBN 13:
Published Dec 2022

"Compulsion, Choice and Statutory Intervention in Contract: Implied Terms of Quality in Sale of Goods" in TT Arvind and Jenny Steele (ed(s)), Contract Law and the Legislature (Hart, 2020), pp. 163-192

ISBN 13:
Published Sep 2020

"Opting for ‘Documentary Fundamentalism’ : Respecting Party Choice for Entire Agreement and Non-Reliance Clauses" in Paul S Davies & Magda Raczynska (ed(s)), Contents of Commercial Contracts: Terms Affecting Freedoms (Hart, 2020), pp. 239-266

Published Jul 2020

"Contract law as regulation: Relational and formalist approaches" in Andrew Johnston and Lorraine Talbolt (ed(s)), Great Debates in Commercial and Corporate Law (Macmillan, 2020), pp. 1-20

Published May 2020

"Contract Damages as Default Rules" in David Campbell and Roger Halson (ed(s)), Research Handbook on Remedies in Private Law (Edward Elgar, 2019), pp. 476-493

Published Nov 2019

"Bargain" in Warren Swain and David Campbell (ed(s)), Reimagining Contract Law Pedagogy: A New Agenda for Teaching (Routledge, 2019), pp. 22-41

Published Jan 2019

"On the Nature and Function of Remedies for Breach of Contract" in Sarah Worthington and Graham Virgo (ed(s)), Commercial Remedies: Resolving Controversies (Cambridge University Press, 2017), pp. 23-45

"Torts and Technology" in Roger Brownsword, Eloise Scotford, and Karen Yeung (ed(s)), The Oxford Handbook of Law, Regulation, and Technology (OUP, 2017)

"In defence of Baird Textiles: A sceptical view of relational contract law" in David Campbell, Linda Mulcahy and Sally Wheeler (ed(s)), Changing Concepts of Contract: Essays in Honour of Ian Macneil (Palgrave Macmillan, 2013), pp. 166-192

ISBN 13:
Published Nov 2013

"The right of withdrawal" (with Reiner Schulze) in Gerhard Dannemann and Stefan Vogenauer (ed(s)), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press, 2013)

ISBN 13:
Published Mar 2013

"Reflections on reforming punitive damages in English law" in Lotte Meurkens and Emily Nordin (ed(s)), The Power of Punitive Damages: Is Europe Missing Out? (Intersentia, 2012)

ISBN 13:
Published Mar 2012

"Causation, politics and law: The English--and Scottish--asbestos saga" in Richard Goldberg (ed(s)), Perspectives on Causation (Hart Publishing, 2011)

ISBN 13:
Published Jun 2011

"Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties" in Tom Campbell, KD Ewing and Adam Tomkins (ed(s)), The Legal Protection of Human Rights: Sceptical Essays (Oxford University Press, 2011)

ISBN 13:
Published Jan 2011

"Technological change and the development of liability for fault in England and Wales" in Miquel Martin-Casals (ed(s)), The Development of Liability in Relation to Technological Change (Cambridge University Press, 2010)

ISBN 13:
Published Jan 2010

"Central Government in English Common Law; Constitutional Law in English Common Law; Parliament" in Stanley N Katz (ed(s)), Oxford International Encyclopedia of Legal History (Oxford University Press, 2009)

ISBN 13:
Published Mar 2009

"Liability insurance" in Peter Cane and Joanne Conaghan (ed(s)), New Oxford Companion to Law (Oxford University Press, 2008)

ISBN 13:
Published Sep 2008

Book Reviews

Review of "Private Law in Context" by Marc Loth (2024) 140 LQR 160-163

Published Dec 2023

Review of Sceptical Perspectives on the Changing Constitution of the United Kingdom edited by Richard Johnson and Yuan Yi Zhu (2023) 139 LQR 686

Published Oct 2023

Review of: Vicarious Liability: Critique and Reform by Anthony Gray, and of Reconceptualising Strict Liability for the Tort of Another by Christine Beuermann (2021) 137 LQR 347-352

Published Apr 2021

Review of Trials of the State: Law and the Decline of Politics by Lord Sumption (2020) 136 LQR 340-343

Published Apr 2020

Review of Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams (2020) 136 LQR 169-173

Published Jan 2020

Review of A Company's Right to Damages for Non-Pecuniary Loss by Vanessa Wilcox (2019) 135 LQR 172-175

Published Jan 2019

Review of The Dignity of Commerce; Markets and the Moral Foundations of Contract Law by Nathan B Oman (2018) 134 LQR 677-680

Published Oct 2018

Review of Lord Sumption and the Limits of Law, edited by NW Barber, Richard Ekins and Paul Yowell (2018) 134 LQR 160-164

Published Dec 2017

Review of Entick v Carrington: 250 Years of the Rule of Law, edited by Adam Tomkins and Paul Scott (2017) 133 LQR 529-533

Published Jul 2017

Review of A History of Tort Law 1900-1950 by Paul Mitchell (2016) 132 LQR 688

Published Oct 2016

Review of Leading Cases in Song by Stephen Todd (2015) 131 LQR 166

Published Jan 2015

Review of Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change edited by TT Arvind and Jenny Steele (2013) 129 LQR 640

Published Oct 2013

Review of Mistake and Non-Disclosure of Fact by Hugh Beale (2013) 129 LQR 458

Published Jul 2013

Review of Networks as Connected Contracts by Gunther Teubner (translated by Michelle Everson), edited with an introduction by Hugh Collins (2012) 128 LQR 472

Published Apr 2012

Review of Bonfire of the Liberties: New Labour, Human Rights, and the Rule of Law by KD Ewing (2011) 127 LQR 316

Published Apr 2011

Review of Emerging Issues in Tort Law edited by Jason Neyers et al (2009) 125 LQR 181

Published Jan 2009

Review of The Making of the Modern Law of Defamation by Paul Mitchell (2006) 122 LQR 691

Published Oct 2006

Review of A History of Water Rights at Common Law by Joshua Getzler (2005) 26 Journal of Legal History 216

Published Jul 2005

Review of Public Law in a Multi-Layered Constitution edited by Nicholas Bamforth and Peter Leyland [2004] CLJ 244

Published Mar 2004

Review of Private Property and Abuse of Rights in Victorian England by Michael Taggart (2003) 119 LQR 531

Published Oct 2003

Case Notes

A riddle wrapped in an enigma: Assumption of responsibility, again (note of HXA v Surrey CC [2022] EWCA Civ 1196) [2022] CLJ 449-452

Published: Nov 2022

Maintaining the elegant facade of the acts-omissions distinction (note of Tindall v Chief Constable of Thames Valley [2022] EWCA Civ 25) [2022] CLJ 245-248

The thin end of the wedge: Morality, contract law and lawful act duress (Times Travel v Pakistan International Airlines [2021] UKSC 40) [2022] CLJ 17-20

Published: May 2022

Frustration and the pandemic (2021) 137 LQR 563-568

Published: Oct 2021

Pseudo-codification of the public-interest defence in defamation (Serafin v Malkiewicz [2020] UKSC 23) [2020] CLJ 398-401

Published: Nov 2020

(Net) curtains for modern architecture? Privacy, nuisance and human rights (Fearn v Tate Gallery [2019] EWHC 246 (Ch)) [2019] CLJ 273-276

Novely in negligence: Policy reasoning survives (James-Bowen v MPC [2018] UKSC 40) [2019] CLJ 15-18

Published: Mar 2019

The outer limits of 'personal injury' (Dryden v Johnson Matthey plc [2018] UKSC 18) [2018] CLJ 461-464

Parallel lines that never meet: Tort and the ECHR again (DSD v Metropolitan Police Commissioner [2018] UKSC 11) [2018] CLJ 244-248

Repudiatory breach: Inability, election and discharge (MSC v Cottonex [2016] EWCA Civ 789) [2017] CLJ 11

The Penalty Clause Doctrine: Unloveable but Untouchable (Beavis v ParkingEye; Cavendish Square v El Makdessi) [2016] CLJ 11-14

Published: Mar 2016

Reinterpreting the reinterpretation of the reinterpretation of Fairchild (IEG v Zurich Insurance) [2015] CLJ 395

Published: Nov 2015

Tumultuous controversy: Police liability for rioting (Mitsui Sumitomo Insurance v Mayor's Office for Policing and Crime (CA)) [2015] CLJ 398

Published: Nov 2015

Resisting judicial review of discretionary contractual powers (Braganza v BP Shipping Ltd) [2015] LMCLQ 483

Published: Nov 2015

Mitigation and the date for assessment of damages in sales of land (Hooper v. Oates [2013] EWCA Civ 91) (2013) 29 Jo Prof Neg 125

Published: Jun 2013

Negligence: Into Battle (Smith v. MoD [2012] EWCA 1365) [2013] CLJ 14-17

Published: Mar 2013

Manslaughter as a "vicissitude of life" (Gray v. Thames Trains) [2009] CLJ 503

Published: Nov 2009

Causation and the compulsive gambler (note of Calvert v. William Hill) [2009] CLJ 268

Published: Jul 2009

Note of The Golden Victory, House of Lords [2007] CLJ 263

Published: Jul 2007

Note of Re Pleural Plaques Litigation, Court of Appeal [2006] CLJ 269

Published: Jul 2006

Note of Douglas v. Hello! (No. 2), Court of Appeal [2005] CLJ 549

Published: Nov 2005

Note of Jackson v. Royal Bank of Scotland, House of Lords [2005] CLJ 285

Published: Jul 2005

Note of Gregg v. Scott, House of Lords [2005] LMCLQ 281

Published: May 2005

Slowing the expansion of public authorities' liability (note of Gorringe v. Calderdale MBC) (2005) 121 LQR 43

Published: Jan 2005

Privacy in the House of Lords, again (note of Campbell v. MGN) (2004) 120 LQR 563

Published: Oct 2004

Privacy torts: out with the old, out with the new (note of Wainwright v. Home Office, House of Lords) (2004) 120 LQR 393

Published: Jul 2004

Lost causes in the House of Lords (note of Fairchild v. Glenhaven Funeral Services) (2003) 66 MLR 277

Published: May 2003

Jus suum cuique (note of Vellino v. Chief Constable of Manchester, Court of Appeal) (2002) 118 LQR 527

Published: Oct 2002

Nuisance, property and human rights (note of Marcic v. Thames Water Utilities, QBD) (2002) 118 LQR 27

Published: Jan 2002

Blog Posts


Oral evidence to Public Bill Committee: Judicial Review and Courts Bill

Written evidence to Public Bill Committee: Judicial Review and Courts Bill

Reference Number:
Body / Institution:
House of Commons
Published: Nov 2021

Oral evidence to Public Bill Committee: Overseas Operations (Service Personnel and Veterans) Bill

Written evidence to Public Bill Committee: Overseas Operations (Service Personnel and Veterans) Bill

Derogation from the ECHR in armed conflict: Submission to the Joint Committee on Human Rights

Richard Ekins, Guglielmo Verdirame
Published: Apr 2017

Clearing the Fog of Law: Saving our armed forces from defeat by judicial diktat

Richard Ekins and Tom Tugendhat
Body / Institution:
Policy Exchange
Published: Mar 2015

Military Negligence: Reforming Tort Liability after Smith v. Ministry of Defence

Reference Number:
HC 931
Body / Institution:
Evidence to House of Commons Defence Committe, 12th Report for Session 2013-4, UK Armed Forces Personnel and the Legal Framework for Future Operations
Published: Apr 2014

"Military Casualties: Alternatives to Tort Compensation" (Evidence to House of Commons Defence Committee inquiry, Jan 2014)

Published: Jan 2014