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

Philip Rawlings

The Roy Goode Professor of Commercial Law

Location: Lincoln's Inn Fields
email: p.rawlings@qmul.ac.uk
Phone: +44(0) 20 7882 8072

Philip Rawlings is the inaugural Roy Goode Professor of Commercial Law. He joined CCLS in 2011 from University College London where he was Professor of the Law of Finance. Previously, he held posts at the University of Warwick, Brunel University and Aberystwyth University. He has also been Visiting Professor at Université Panthéon-Assas (Paris II). He is an associate of the Chartered Institute of Bankers (now the ifs) the professional body for the finance industry.

He advised the Law Commissions of England and Wales and of Scotland in the initial stages of their inquiry into insurance contract law, which began in 2006, and has work has been cited in their issues and consultation papers. He has been involved in discussions at the think-tank, Demos, on the financial crisis in 2010, and on its combined project with PriceWaterhouseCoopers on good growth (which eventually led to the pamphlet, Good Growth, 2011).

In November 2011 Philip Rawlings was a panel member at 'The future of finance - a year in reflection, the year ahead' event hosted by HSBC. He recently published Insurance Law: Doctrines and Principles (Hart Publishing, Oxford, 3rd edition, 2011) (with Professor John Lowry, University College London, and Professor Rob Merkin, Southampton).

In December 2011 Philip Rawlings was appointed to the editorial board of the journal 'International Corporate Rescue'.

He has published extensively on insurance law, the regulation of banking and the law of international finance, as well as on legal history and criminal justice.

Professional History

2003-11 Professor of the Law of Finance, UCL (from 2006); Deputy Director of the Centre for Commercial Law; previously, Norton Rose Senior Lecturer in Commercial Law, UCL
2000-03 Senior Lecturer, School of Law, University of Warwick
1990-2000 Lecturer, then Senior Lecturer, Department of Law, Brunel University
1981-1990 Lecturer, Faculty of Law, University College of Wales
1978-1981 Ferens Research Scholarship; Tutor (part-time), Faculty of Law, University of Hull; Lecturer in Law (part-time), Hull College of Higher Education

Other Affiliations

2007-10 Visiting professor, Université Panthéon-Assas (Paris II)

Publications:

Authored Books

  • Benjamin’s Sale of Goods, 8th edn. (London: Sweet & Maxwell, 2010), 2880 pp. (co-author).
  • 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
    ‘As the first attempt since Critchley [1967] to tackle the whole of the history of English policing, it demonstrates the great advances made in the study of policing history, and will clearly stand as an important work of reference’ (2002) 6 Crime, History and Societies 135-6 at 136 (R.M. Morris, Open University)
  • 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).
    ‘a text of the highest calibre.’  (2001) 34 Canadian Business Law Journal 471-76 (Professor Reuben Hasson, Osgoode Hall).
    ‘The book is well-written and full of clear explanations of a difficult field of the law.’ (2000) 116 Law Quarterly Review 692-95 at 695 (Neil Campbell, Auckland).
    ‘It comprises a reflective explanation of principle and authority, demonstrating themes that help build an overall picture of the subject…readable and authoritative, with a sound grasp of the realities of insurance practice’ (2000) 34 Law Teacher 389-91 (Dennis Dowding, Bournemouth).
  • Crime and Power: A History of Criminal Justice 1688-1998 (London: Longman, 1999), ix + 212.
    ‘a delightful book…Rawlings, I think, is really an eighteenth-century man, but in some senses he is at his best in the nineteenth, offering, as he does, a fresh eye on matters chiefly covered by others. And good, too, on the twentieth’ (2001) 41 British Journal of Criminology 407-8 (Professor Jason Ditton, Sheffield)
    ‘Rawlings should be congratulated for producing an illuminating diachronic analysis of the history of criminal justice. It is particularly impressive in the manner in which it attempts to integrate phenomena as diverse as the elite with the criminal, the central with the local, and the actual with the intended.’ (2000) 39 Howard Journal 443—45 at 445 (Shane Kilcommins, Waterford).
    ‘There is a depth and persuasiveness in Rawlings’ analysis which makes it hard to take issue with…In summary, this is an excellent and absorbing book…’ (2000) 2 Punishment and Society: The International Journal of Penology 358-59 at 359 (John Minkes, Swansea). Also (1999) Crime, Law and Social Change 282-83 (Kiran Kaur, Cardiff).
  • 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.

Articles

  • '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

  • 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.

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.

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 (details to be announced).