CCLFR research seminar with Dr Raul Madden

Timings of the event : 14:00-15:00

Title: ‘Shocks the conscience of the court’: resensitising England’s unconscionable bargain doctrine’

Abstract

England’s unconscionable bargain doctrine is presently idle and weak. It has not been successfully argued in an appeal court for decades. To generate relief, it requires a level of ‘impropriety’ in both the defendant’s conduct and the terms resulting for the claimant that ‘shocks the conscience of the court’. This article argues that the insistence upon ‘shock’ is contrary to the doctrine’s underpinning principle of concern with protecting vulnerable parties from instrumentalisation. It proposes a resensitised understanding of how conscience should inform the doctrine, and, therefore, a lower conduct threshold and abolition of the outcome element. This would be a principled and plausible development in correction of a misstep made four decades ago.

Bio

Dr Raul Madden is a Lecturer in Law at Queen Mary University of London. He works in private law, with a specific focus on Equity & Trusts. Much of his research concerns the relationship between this body of law and human dignity. It concerns both the moral underpinnings of private law doctrine and its practical potential in response to contemporary problems. Dr Madden also publishes on legal education and generative Artificial Intelligence.