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Professor Philip John Rawlings, LLB (Hull), PhD (Hull) ACIB (Associate of the Chartered Institute of Bankers)

The Roy Goode Professor of Commercial Law

email: p.rawlings@qmul.ac.uk
Tel: +44(0) 20 7882 8072

Profile

Philip John Rawlings

Philip Rawlings is the inaugural Roy Goode Professor of Commercial Law and Director of the Insurance Law Institute at CCLS. He is a member of the committee of the British Insurance Law Association, of the editorial boards for the journals 'International Corporate Rescue' and ‘Journal of Financial Perspectives’, and of the advisory board for Palgrave Macmillan’s Corporate and Finance Law series of books. He is also a member of the Institute of International Financial Law at CCLS.

Before joining CCLS in 2011 he was Professor of the Law of Finance at University College London. Previously, he held posts at the University of Warwick, Brunel University and Aberystwyth University. He has been Visiting Professor at Université Panthéon-Assas (Paris II), and is an associate of the Chartered Institute of Bankers (now the ifs).

He is the author/co-author of more than ten books and fifty papers on, among other things, the law of insurance, banking and sales, as well as on legal history and criminal justice. Among his books are: Insurance Law: Doctrines and Principles (3rd edition, Hart, 2011, with Lowry and Merkin); Insurance Law: Cases and Materials (Hart, 2004, with Lowry); Policing: A Short History (Willan, 2002); Crime and Power (Longman, 1999); Drunks, Whores and Idle Apprentices: Criminal Biographies of the Eighteenth Century (Routledge, 1992). He is a contributing editor to Benjamin’s Sale of Goods (8th edition, Sweet & Maxwell, 2011) and wrote six biographies for The New Dictionary of National Biography (OUP, 2004).

A copy of Philip Rawlings' book, Drunks, Whores and Idle Apprentices, which was annotated by Peter Carey during his research for his Booker prize novel, The True History of the Kelly Gang, has been included in the papers he donated to the State Library of Victoria, Melbourne, and appeared in an exhibition of some of those papers held at the library in 2013.

Among current research projects are papers on the history of insurance regulation in the UK, the calculation of interest in international banking contracts and the negative pledge in loan contracts along with continuing responsibility for the first three chapters of Benjamin's Sale of Goods.

Teaching

Postgraduate teaching:

In 2012-13, as part of the launch of the new Institute for Insurance Law, Professor Rawlings will be leading teaching in a number of areas of Insurance Law.

Research

Research interests:

Banking Law and international finance law, in particular syndicated lending, bonds and bond trustees, securitisation and regulation. Aside from various papers in these areas, currently working on Law and Practice of International Finance (with Graham Penn) (Sweet & Maxwell).

Insurance Law, author of papers and (with John Lowry and Rob Merkin) of Insurance Law: Doctrines and Principles (3rd edn, 2011). Currently writing a paper (with Joanna Rudd of University College London) on the intricacies of the calculation of awards of damages following car accidents, which focuses, in particular, on issues relating to the credit car hire industry.

Sale of goods: one of the authors of Benjamin’s Sale of Goods (8th edn, 2010), which is the leading text in the field and has been cited more than 25 times in the senior courts of England and Wales over the last two years. This work is updated annually through the issue of a supplement.

History: author of various books and articles on the history of crime, crime literature and criminal justice, and contributor to Handbook of Policing (2nd edn, 2008). Also author of a long paper on the early history of financial regulation (“A compleat system of knavery” (2008)) and seven biographies for The Dictionary of National Biography (2004). Currently, working on a paper on the rise, fall and rise of the Bank of England as supervisor of the banking system.

Publications

Authored Books

  • Benjamin’s Sale of Goods, 8th edn. (London: Sweet & Maxwell, 2010), 2880 pp. (co-author). First supplement (London: Sweet & Maxwell, 2012); second supplement (London: Sweet & Maxwell, 2013).
  • Insurance Law: Cases and Materials (Oxford: Hart Publishing, 2004), xiii + 675 (co-author Professor John Lowry, UCL).
  • Policing: A Short History (Cullompton: Willan Publishing, 2002), vi + 274
  • Insurance Law: Doctrines and Principles (Oxford: Hart Publishing, 1999), lxiv + 454 (co-author Professor John Lowry).
    2nd edn (Oxford: Hart Publishing, 2005), lxxx + 447 (contribution by Professor Rob Merkin, Southampton).
    3rd edn (Oxford: Hart Publishing, 2011) (co-authors Professor John Lowry and Professor Rob Merkin).
  • Crime and Power: A History of Criminal Justice 1688-1998 (London: Longman, 1999), ix + 212.
  • Drunks, Whores and Idle Apprentices: Criminal Biographies of the Eighteenth Century (London: Routledge, 1992), xi + 224.
    Review (1993) 18 Social History 396-9 (Robert Shoesmith, Sheffield).
  • English Legal History (New York and London: Garland Publishing, 1990), ix + 205. Co-authors W. Hines (chief editor), R.W. Ireland, C.P. Rodgers.
  • Imprisonment in England and Wales: A Concise History (London: Croom Helm, 1985), xiii + 308. Co-authors R.W. Hines, R.W. Ireland, C. Harding.

Edited Books

  • Kluwer’s Handbook of Insurance Law (London: Croner CCH, 2002). Contributing editor.
  • Financial Services in the United Kingdom (Bremen: Zentrum fur Europaische Rechtspolitik, 1994). General editor. (UK report for a four-nation study led by ZERP on financial services funded by the Volkswagen Foundation.)

Chapters in Books

  • “Policing Before the Police” in T. Newburn, ed., Handbook of Policing (Cullompton: Willan Publishing, 2008), pp 47-71 (extensively rewritten from first edition, published 2003, pp 41-65).
  • The New Dictionary of National Biography (Oxford: Oxford University Press, 2004). Biographies of James Dalton, Mary Young, John Poulter, Charles Speckman, Sir John Fielding and the Rev. James Hackman (1000 words), and Dr William Dodd (2000 words).
  • “Rethinking Insurable Interests” in S. Worthington, ed., Commercial Law and Commercial Practice (Oxford: Hart Publishing, 2003), pp 335-64. Co-author John Lowry.
  • “General Principles of Insurance Law” in Kluwer’s Handbook of Insurance Law (London, Croner CCH, 2002), unpaginated.
  • “True Crime” in J. Vagg and T. Newburn, eds, British Criminology Conference: Selected Proceedings. Volume 1: Emerging Themes in Criminology (Loughborough: British Society of Criminology, 1998), unpaginated, 13,000 words. 
  • "Consumer Empowerment and the Citizen's Charter" in C. Willett, ed., Public Sector Reform and the Citizen's Charter (London: Blackstone Press, 1996), pp 25-42. Co-author C. Willett.
  • "The Citizen's Charter and the Police" in C. Willett, ed., Public Sector Reform and the Citizen's Charter (London: Blackstone Press, 1996), pp 81-105. Co-author S. Easton.
  • "Social change, Police and Protection" in L. Shelley and J. Vigh, eds., Social Changes, Crime and Police (Chur, Switzerland: Harwood Academic Publishers, 1995), pp 225-28. Co-author E.A. Stanko.
  • "The Ordinary of Newgate's Account: Mary Young", in D. Hobbs, ed., Professional Criminals (Aldershot: Dartmouth Publishing, 1995), pp 269-84.
  • “The Regulation of Financial Services in the United Kingdom”, in P. Rawlings, ed., Financial Services in the United Kingdom (Bremen: Zentrum fur Europaische Rechtspolitik, 1994).
  • "Creeping Privatisation? The Police, Policing and the Conservative Government in the Late 1980s" in R. Reiner and M. Cross, eds., Beyond Law and Order; Criminal Justice Policy and Politics into the 1990s (London: Macmillan, 1991), pp 41-58.
  • "Bobbies, Aliens and Subversives: The Relationship between Community Policing and Coercive Policing" in J.D. Baxter and L. Koffman, eds, Police: The Constitution and the Community (London: Professional Books, 1985), pp 72-90.

Reports

  • Regulation of Financial Services: Aims and Methods (April 2014) (with Andromachi Georgosouli and Costanza Russo). Report commissioned by Deloitte to initiate the joint Deloitte-CCLS roundtable on regulation (held October 2014).

Articles

  • “Restrictions on the Transfer of Rights in Loan Contracts” [2013] Journal of International Banking and Finance Law 543
  • “Without Feeling and Without Remorse?” Making Sense of Employers’ Liability and Insurance in the Nineteenth Century” (2013) 126 BILA Journal.
  • “’That Wicked, that Evil Doctrine…’: Reforming the Law on Disclosure in Insurance Contracts” (2012) 75(6) MLR 1100 (with Prof J Lowry).
  • “Car Accidents and Credit Hire Agreements” (2012) LMCLQ 426 (with J Rudd).
  • 'When Interest Rates Do Not Match Funding Costs' (2012) JIBFL 216.
  • 'Avoiding the Obligation to Lend' [2012] Journal of Business Law 89-110.
  • “All Change: The Fall of the FSA and the Further Rise of the Bank of England” (2011) 30 (4) U.S. Banking & Financial Services Policy Report 16.
  • “Bank Reform in the UK: Part II – Return to the Dark Ages?” [2010] International Corporate Rescue. (Parts I and II reprinted as special issue, 2011.)
  • “Bank Reform in the UK: Part I – Future of Banking Commission” [2010] International Corporate Rescue 410.
  • “Reform of Bank Regulation in the UK: The Opening Salvo” (2010) 25(10) Journal of International Banking Law and Regulation 522.
  • “Market Disruption Clauses in Syndicated Loans” [2009] Journal of International Banking and Financial Law 446.
  • "Reinforcing Collectivity: The Liability of Trustees and the Power of Investors in Finance Transactions" (2009) 23(1) Trust Law International 14.
  • "The Management of Loan Syndicates and the Rights of Individual Lenders' [2009] Journal of International Banking Law and Regulation 179.
  • “(Re)calibrating the Scope of Notification Clauses in Insurance Contracts’ (with Professor John Lowry) (2009) 27(3) Canadian Journal of Insurance Law 43.
  • "Conditions Precedent in Insurance Contracts” (with Professor John Lowry) [2009] Journal of Business Law 275.
  • "'A Compleat System of Knavery: Folk Devils, Moral Panics and the Origins of Financial Regulation” [2008] Current Legal Problems 325.
  • "Blame in a Cold Climate: Bank Liability for Investment Advice" [2008] Journal of International Banking Law 581.
  • “Claims: Conditions Precedent to Liability and Waiver” (with Professor John Lowry) [2007] Journal of Business Law 179.
  • “The Changing Role of the Trustee in International Bond Issues”  [2007] Journal of Business Law 43.
  • “Innominate Terms in Insurance Contracts” (with John Lowry) [2006] Lloyd’s Maritime and Commercial Law Quarterly 135.
  • “International Bonds and Trustees” [2006] Trust Law International 205.
  • “Third Party Rights in Contract” [2006] Lloyd’s Maritime & Commercial Law Quarterly 7.
  • “Fraudulent Claims: Framing the Appropriate Remedy” (with John Lowry) [2006] Journal of Business Law 338.
  • “A Force Divided” [2006] 65 Criminal Justice Matters 22.
  • “Insurers, Claims and the Boundaries of Good Faith” (with John Lowry) [2005] Modern Law Review 82.
  • “Proximate Causation in Insurance Law” (with John Lowry) [2005] Modern Law Review 309.
  • “Yuppies, Drugs and Tesco: Should the Bank of England Blame Itself for Bank Failures?” (with M. D’Ingeo, Securities and Investment Board) [1998] Journal of Money Laundering Control 39.
  • "The Idea of Policing: A History" [1995] Policing and Society 129.
  • "Ombudsman Schemes in the United Kingdom's Financial Sector: The Insurance Ombudsman, the Banking Ombudsman, and the Building Societies Ombudsman", (with C. Willett) [1994] Journal of Consumer Policy 307.
  • "Consumerism and the Citizen's Charter" (with C. Willett) (1994) 2 Consumer Law Journal 3.
  • "Who Needs a Royal Commission?" (1992) 8 Policing 15.
  • "The Citizen's Charter" (with G. Morris and C. Willett) [1992] Journal of Business Law 88.
  • "Police Complaints under PACE" (with J. Williams and J.D. Baxter) [1986] Journal of Criminal Law 178.
  • "PACE: Protecting the Suspect" (with J. Williams and J.D. Baxter) [1986] Journal of Criminal Law 68.
  • "Arrest - A New Balance?" (with J. Williams and J.D. Baxter) [1985] Journal of Criminal Law 358.
  • "PACE: Entry, Search and Seizure" (with J. Williams and J.D. Baxter) [1985] Journal of Criminal Law 274.
  • "PACE: Safeguards - Real or Imagined?" (with J. Williams and J.D. Baxter) [1985] Journal of Criminal Law 164.
  • "Judges, Politics and Property: The Interpretation of Race Relations and Immigration Legislation" [1985] Cambrian Law Review 98.

Study guides: External degrees of University of London

  • Law of International Finance: Syndicated Loans LLM (2013).
  • International and Comparative Bank Regulation LLM (2010).
  • Banking Law: Bank-Customer Relationship LLM (2010).
  • Insurance Law LLM (2006).
  • Commercial Law LLB (2007; 2nd edn, 2011).

Shorter Articles and Commentaries

  • Review article on David Smith’s "The Sleep of Reason: The James Bulger Case" [1995] Journal of Forensic Psychiatry 632.
  • Eleven articles on the Police and Criminal Evidence Bill (with J. Williams and J.D. Baxter) published in Justice of the Peace, 1984-1985.
  • "Defoe and Street Robberies" [1983] Notes and Queries 23.
  • “The Crisis in the Modern Prison: Historical Perspective” (1982) 87(9) Ethical Record 11.

PhD Supervision

Public engagement

From 2014

  • 28 October 2014, Professor Rawlings, Dr Andromachi Georgosouli and Dr Costanza Russo led a roundtable discussion, Regulation in Financial Services: Prevention, Prescription and Punishment, hosted by the EMEA Centre for Regulatory Strategy and CCLS at Deloitte, Hill House, London. Other contributors were Professor Julia Black (LSE) and Clifford Smout (Deloitte). Participants included colleagues from CCLS, Cass Business School, King's College London and University College London, senior compliance executives and general counsels from major banks, regulators from the Financial Conduct Authority and the Prudential Regulation Authority and senior solicitors.
  • Professor Rawlings, Dr Andromachi Georgosouli and Dr Costanza Russo published, which had been commissioned by report for Deloitte, Regulation of Financial Services: Aims and Methods (April 2014).

2013

  • Along with Dr Andromachi Georgosouli and Dr Costanza Russo, Professor Rawlings is working on a report for Deloitte on credible deterrence and financial regulation (£20,000).
  • Professor Rawlings has been a committee member of the British Insurance Law Association since 2011, and also a member of the Association's sub-committee on law reform. In June 2014, at the invitation of the Law Commission, the sub-committee commented on a draft of the Insurance Contracts Bill.
  • Professor Rawlings' work (sole and joint authorship) has been cited in the senior English courts, most recently in
    • VFS Financial Services Ltd v JF Plant Tyres Ltd [2013] EWHC 346 (QB) (citing Benjamin's Sale of Goods)
    • Grupo Hotelero Urvasco SA v Carey Value Added SL [2013] EWHC 1039 (Comm) (citing article, "Avoiding the Obligation to Lend")
    • FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd [2012] EWHC 2477 (Comm) (citing Benjamin's Sale of Goods)
  • It has also been cited in senior courts elsewhere in the world:
    • Origin Energy Electricity Ltd v Queensland Competition Authority [2012] QSC 414 (Australia) (citing Benjamin's Sale of Goods)
    • Hearns v Rizzolo, 2012 NSSC 256 (Canada) (citing Benjamin's Sale of Goods)
    • CGU Workers Compensation NSW Ltd v Garcia [2007] NSWCA 193 (Australia) (citing Insurance Law: Doctrines and Principles)
    • Oldfield v Transamerica Life Insurance of Canada (2002) 5 LRC 477 (Canadian Supreme Court) (citing Insurance Law: Doctrines and Principles)
  • His work (joint authorship) has also been cited by law reform bodies:
    • Law Commission and Scottish Law Commission, Insurance Contract Law: Analysis of Responses and Decisions on Scope (2006); Insurance Contract: A Joint Scoping Paper (2005), which refers the discussion of the law on late claims payment (p.20) and Insurance Contract Law: Issues Paper 6 - Damages for Late Payment and the Insurer's Duty of Good Faith (2010) (citing article "Insurers, Claims and the Boundaries of Good Faith").
    • Law Reform Commission (Ireland), Insurance Contracts (2011) LRC CP 65-2011 (Insurance Law: Doctrines and Principles, and "Insurers, Claims and the Boundaries of Good Faith")
  • A copy of Philip Rawlings' book, Drunks, Whores and Idle Apprentices, which was annotated by Peter Carey during his research for his Booker prize novel, The True History of the Kelly Gang, has been included in the papers he donated to the State Library of Victoria, Melbourne, and appeared in an exhibition of some of those papers held at the library in 2013. The book is held in MS13420, Series 1, Box 7.0.
  • Professor Rawlings is the Director of the Insurance Law Institute

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