Phillip Morgan

Profile

Biography

Phillip Morgan
MA (Cantab.), BCL (Oxon.), FRSA, Barrister

Senior Lecturer

I teach and research tort, contract, and commercial law. Within the law of tort I am particularly interested in vicarious liability, volunteers, comparative tort law, artificial intelligence and autonomous systems, and “tort reform”. I have published in the Cambridge Law Journal, Modern Law Review, Law Quarterly Review, Lloyd’s Maritime and Commercial Law Quarterly, Legal Studies, the Journal of Professional Negligence, and the Torts Law Journal, amongst others. My academic work has been used in argument before the UK Supreme Court, cited with approval by the High Court of Australia, the Supreme Court of Ireland, and the Court of Appeal of England and Wales, and also by government bodies and reports in the UK and Australia, including the Law Commission. I am currently working on a number of funded projects including a European Research Council Horizon 2020 project on liability and regulatory issues for artificial intelligence.

I am Torts Subject Section Convenor for the Society of Legal Scholars, and also the Book Review and Review Article Editor of the Journal of Professional Negligence.

Prior to joining York I taught at Southampton, and Girton College, Cambridge. I have been the Robert S Campbell Visiting Fellow of Magdalen College, Oxford, a Visiting Fellow of St Catherine’s College, Oxford, a Visiting Associate Professor at the University of Hong Kong, a Visiting Scholar of St Edmund’s College, Cambridge, a Visitor at the Faculty of Law, University of Cambridge, and the Cambridge Private Law Centre, a Visiting Scholar of St John’s College, Oxford, as well as a Visiting Researcher at Georgetown University Law Center. 

I read law at Girton College, Cambridge, (Starred First and Top of Law Tripos Part IB), Christ Church, Oxford, (BCL (Distinction)), and the College of Law, (BVC (Outstanding)), winning 17 University, College, and Inn scholarships and prizes. I was called to the Bar by the Middle Temple (First in Seniority, Trinity 2007).

I am a Council Member of the Society of Legal Scholars, and a Fellow of the Royal Society of Arts. I am also a Barrister. I completed pupillage at Essex Court Chambers, (Commercial / Shipping / Civil Fraud / International Trade / Arbitration), where I mainly worked on large Commercial Court and Arbitral Tribunal cases, before moving to Crown Office Chambers, (Insurance / Personal Injury / Clinical Negligence / Construction), where I regularly appeared in trials and applications in the County Courts. I also appeared in the High Court, Companies Court, and in the Coroner’s Court. I have also been Judicial Assistant to Lord Judge, The Lord Chief Justice, and also to Lord Carnwath, Justice of the Supreme Court, (then Senior President of Tribunals).

Research

Overview

  • Obligations (with some historic and comparative aspects)
  • Personal property
  • Commercial law
  • Courts and litigation

Projects

  • Vicarious Liability

An examination of the changing nature of occupation and non-economic actors, sited in the context of the policy and theory of tort and vicarious liability. This project has led to publications in the MLR, LMCLQ, NLJ, and CLJ, as well as conference papers at the SLS Conference and the First International Conference of the Famagusta Bar Association, Northern Cyprus. Two of my articles on vicarious liability have been cited in judgments by the Court of Appeal of England and Wales in the leading case of JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938.

  • Law and the Big Society – time to relook at Charitable Immunity in Tort?

This is a historic and comparative study of the doctrine of Charitable Immunity in Tort in the Common Law.

For a full list of my publications and projects please visit my page on academia.edu at: http://york.academia.edu/PhillipMorgan

Publications

Selected publications

  • 'Vicarious Liability and the Beautiful Game - Liability for Professional and Amateur Footballers?’ (2018) 38(2) Legal Studies 242-262,
  • 'Certainty in Vicarious Liability: A Quest for A Chimaera?', (2016) 75(2) Cambridge Law Journal 202-205,
  • 'Fostering, Vicarious Liability, Non-Delegable Duties, and Intentional Torts', (2016) 132 Law Quarterly Review 399-404,
  • ‘Vicarious Liability for Group Companies: The Final Frontier of Vicarious Liability?’ (2015) 31(4) Journal of Professional Negligence 276-299,
  • ‘Close Connection and Police Torts’, (2013) 29(4) Journal of Professional Negligence 233-237,
  • 'Vicarious Liability on the Move’, (2013) 129 Law Quarterly Review 139-144,
  • ‘Ripe for Reconsideration: Foster Carers, Context, and Vicarious Liability’, (2012) 20(2) Torts Law Journal 110-144,
  • ‘Recasting Vicarious Liability’, (2012) 71(3) Cambridge Law Journal 615-650,
  • ‘Doublethink and District Judges – High Court Precedent in the County Court’, (2012) 32(3) Legal Studies 421-447,
  • ‘Revising Vicarious Liability: A Commercial Perspective’, [2012] Lloyd’s Maritime and Commercial Law Quarterly 175-180,
  • ‘No place to hide’, (2012) 162(7503) New Law Journal 313,
  • ‘Distorting Vicarious Liability’, (2011) 74(6) Modern Law Review 932-946,
  • ‘Vicarious Liability for Employee Theft: Muddling Vicarious Liability for Conversion with Non-Delegable Duties’, [2011] Lloyd’s Maritime and Commercial Law Quarterly 172-178,
  • ‘Conflicts between Jurisdiction and Procedure: Pre-Action Civil Procedure and Jurisdiction - a Poor Fit’, [2011] Lloyd’s Maritime and Commercial Law Quarterly 275-292,
  • Book Review: ‘The Tort of Conversion, by Sarah Green and John Randall QC’, (2010) 30(3) Legal Studies 494-498,
  • ‘Battle of the Forms: Restating the Orthodox’, (2010) 69(2) Cambridge Law Journal 230-232,
  • ‘Bank Charges and the Unfair Terms in Consumer Contracts Regulations 1999: The End of the Road for Consumers?’, [2010] Lloyd’s Maritime and Commercial Law Quarterly 208-215,
  • ‘Mitigation and Conversion’, [2010] Lloyd’s Maritime and Commercial Law Quarterly 220-226,
  • ‘The Province of OBG v. Allan Determined: The Economic Torts Return to the House of Lords’, (2009) 20 King’s Law Journal 338-346, (with James Lee),
  • ‘Unilateral Deployment of Armed Force for the Protection of Human Rights’, (2007) 5 Journal of International Law & Policy, (University of Pennsylvania), 7:1-7:7,

Teaching

Undergraduate

  • Obligations 1 (Module Convenor)
  • Obligations 2 (Module Convenor)

Postgraduate

  • Law and Commercial Transactions (LLM) (Module Convenor)
  • Dissertations (LLB/LLM)

External activities

Memberships

  • Council Member of the Society of Legal Scholars
  • Middle Temple
  • Royal Society of Arts

Contact details

Mr Phillip Morgan
York Law School
LMB/257

Tel: +44 (0)1904 32 5822