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Prof Charles Mitchell
Prof Charles Mitchell profile picture
  • Professor of Laws
  • Faculty of Laws

He has been a Professor of Law at UCL since 2010. In 2017 he was elected a Fellow of the British Academy and in 2019 he was appointed an Honorary Queen's Counsel (King's Counsel since 2022).

Cases on which he has advised include: Caledonia North Sea Ltd v British Telecommunications plc 2002 SC (HL) 117 (Scots law of contribution, recompense and subrogation); Benedetti v Sawiris [2014] AC 938 (valuation of services); Littlewoods Retail Ltd v HMRC (No 2) [2018] AC 869 (valuation of the opportunity to use money); Test Claimants in the FII Group Litigation v HMRC [2022] AC 1 (limitation rules affecting claims founded on mistake of law); Test Claimants in the FII Group Litigation v HMRC [2021] 1 WLR 4354 (recovery of interest on mistaken tax payments, ‘netting off’ of gains and losses when quantifying enrichment).

Cases in which his work has been cited and discussed include: AIB Group (UK) plc v Mark Redler & Co [2015] AC 1503 (compensatory liability of defaulting trustees); Menelaou v Bank of Cyprus plc [2016] AC 176 (subrogation); Vodafone Ltd v Office of Communications [2020] QB 200 (counterfactual arguments against restitutionary liability of public bodies); Sim Poh Ping v Winsta Holding Pte Ltd [2020] 1 SLR 1199 (compensatory liability of defaulting fiduciaries); Sevilleja v Marex Financial Ltd [2021] AC 39 (reflective loss); and Byers v Saudi National Bank [2022] 4 WLR 22 (liability for knowing receipt).

Research Summary

Charles Mitchell’s main research interests are unjust enrichment, equity and trusts, and modern legal history.

In the field of unjust enrichment he has written many articles and two monographs: The Law of Contribution and Reimbursement (OUP, 2003) and Subrogation: Law and Practice (OUP, 2007) (with Stephen Watterson). He is also an author of Goff and Jones on Unjust Enrichment 10th edn (Sweet & Maxwell, 2022) (with Paul Mitchell and Stephen Watterson).

He has written many articles on equity and trusts and is an author of Underhill and Hayton: Law Relating to Trusts and Trustees 20th edn (LexisNexis Butterworths, 2022) (with Paul Matthews, Jonathan Harris and Sinéad Agnew) and Hayton, McFarlane and Mitchell on Equity and Trusts 15th edn (Sweet & Maxwell, 2022) (with Jessica Hudson and Ben McFarlane).

He is an author of the 2nd edition of Law and Society in England, 1750-1950 (Hart, 2019) (with William Cornish, Stephen Banks, Paul Mitchell and Rebecca Probert). With Paul Mitchell, he devised the Landmark Cases series of historical case studies, published by Hart, and they co-edited the first four volumes, on Restitution (2006), Contract (2008), Tort (2010) and Equity (2012).

Some of his articles are online at: https://ssrn.com/author=2105148 .

Teaching Summary

He has taught courses on Contract, Tort, Unjust Enrichment, Property, Trusts, International and Commercial Trusts, Company, Insurance, Agency, and Commercial Remedies.

He has supervised PhD theses on the following topics: testamentary promises, the history of undue influence and breach of fiduciary duty, trusts in Japan and Quebec, control of pension trustee powers, attribution rules in unjust enrichment, unjust enrichment claims for failure of condition, unjust enrichment claims for mistake, the penalties doctrine in contract law, the contractual doctrine of duress, primary and secondary rights in private law, the regulation of civil society, the politics of the Charities Act 2006, and tort liability in the voluntary sector.

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