Professor Nelson Enonchong

 

Barber Professor of Law

Birmingham Law School

Photo of Professor Nelson Enonchong

Contact details

Telephone +44 (0)121 414 6283

Fax +44 (0)121 414 3585

Email n.e.enonchong@bham.ac.uk

Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT
United Kingdom

About

Professor Enonchong is the author of three major practitioner works in the field of banking and commercial law. He has advised in a number of complex international commercial disputes and has acted as an arbitrator in international commercial arbitrations

Feedback and office hours

My office hours for semester 1 are:

  • Tuesdays 5.00-6.00
  • Fridays 11.00-12.00

Outside of these times you are welcome to email me for an appointment.

Qualifications

  •  LLB (Yaounde)
  •  Maitrise (Yaounde)
  •  LLM (Cantab)
  •  PhD (Cantab)

Biography

Professor Nelson Enonchong read law at the University of Yaounde and Jesus College, Cambridge. He was a lecturer and Reader in Law at the University of Leicester before joining the University of Birmingham as Barber Professor of Law in 2001

Teaching

  •  Law of Obligations (Contract Law)
  •  International Sale of Goods (LLB)
  •  Financing of International Trade (LLM)
  •  English Law of International Sale of Goods (LLM)

Postgraduate supervision

  • Contract/Commercial law
  • Conflict of Laws
  • Restitution
  • Comparative Law

Current doctoral supervision

Professor Enonchong is currently supervising four doctoral students undertaking research in the following areas:

  • Bills of Lading in Conflict of Jurisdictions
  • Choice of Law for Cross-border Traffic Accidents
  • Product Liability and Conflict of Laws
  • Exceptions to the Principle of Independence of Letters of Credit
  • Choice of Law Rules for Testamentary Trusts

Research

Professor Enonchong’s principal research interest is in the fields of Contract, Commercial and Restitution Law, including the Comparative and Private International Law aspects of these subjects. He has published many articles in these areas, including several pieces in Law Quarterly Review, Modern Law Review, Oxford Journal of Legal StudiesLloyd’s Maritime and Commercial Law Quarterly, Restitution Law Review, and International and Comparative Law Quarterly.

His latest book on The Independence Principle of Letters of Credit and Demand Guarantees was published by Oxford University Press in April 2011. It examines the nature and scope of the cardinal principle of autonomy of letters of credit and demand guarantees. It considers the challenges presented by the principle and explores the extent to which exceptions to the principle should be recognised in order address the problem of abusive demands for payment.

The second edition of Professor Enonchong's leading work on Duress, Undue Influence and Unconscionable Dealing was recently published by Sweet & Maxwell (2012). It is the first book on the subject with a detailed and comparative treatment of the controversial issue of third party undue influence, including a detailed discussion of the steps that banks and other lenders are required to take to avoid being fixed with constructive notice.

His book on Illegal Transactions was published by Lloyd’s of London Press in 1998. It is the first book to be published in England on this notoriously difficult subject.

Other activities

Professor Enonchong is currently the Head of Education at Birmingham Law School.

Professor Enonchong is also a practising barrister at No5 Chambers.

He is a member of the Editorial Boards of 

  • Business Law International published by the International Bar Association.
  • Journal of African Law published by Cambridge University Press
  • African Journal of International and Comparative Law published by Edinburgh University Press

Publications

Books

Articles, Book chapters and Notes

  • "Restitution from Public Authorities: Any Room for Duress?" in Elliot, Hacker and Mitchell (eds) Restitution of Overpaid Tax (2013, Hart Publishing), Ch 4.
  • “Recovery of Overpayments made under Performance Bonds” [2010] Restitution Law Review 14-33.
  • “Demand Guarantees under the OHADA Uniform Act on Securities” [2009] Journal of Business Law 568-591.
  • “The Problem of Abusive Calls on Demand Guarantees” [2007] Lloyd’s Maritime and Commercial Law Quarterly 83 -106.
  • “The Harmonization of Business Law in Africa: Is Article 42 of the OHADA Treaty a Problem?” [2007] 51 Journal of African Law 95 - 116.
  • “The Autonomy Principle of Letters of Credit: An Illegality Exception?” [2006] Lloyd’s Maritime and Commercial Law Quarterly 404-425.
  • “The Irrebuttable Presumption of Influence and the Relationship between Fiancé and Fiancée” (2005) Law Quarterly Review 567-572.
  • “Presumed Undue Influence: Continuing Misconceptions?” (2005) 120 Law Quarterly Review 29-33.
  • “Human Rights Violations by the Executive: Complicity of the Judiciary in Cameroon?” (2003) 47 Journal of African Law 265-274.
  • “The Undue Influence of a Co-surety” (2003) Lloyd’s Maritime and Commercial Law Quarterly 307-311.
  • “The African Charter on Human and Peoples’ Rights: Effective Remedies in Domestic Law?” (2002) 46 Journal of African Law 197-215.
  • “Foreign State Assistance in Enforcing the Right to Self-Determination Under the African Charter” (2002) 46 Journal of African Law 246-258.
  • “Supervening Legality: Effect on the Enforcement of Illegal Agreement” (2000) 116 Law Quarterly Review 377-380.
  • “Restitution Following Illegal Fee-Sharing Agreement with a Solicitor” (2000) Restitution Law Review 241-253.
  • “Enforcement in England of Foreign Arbitration Awards Based on Illegal Contracts” [2000] Lloyds Maritime and Commercial Law Quarterly
  • “Illegal Transactions: The Future? (LCCP No. 154)” (2000) Restitution Law Review 82-104.
  • “Service of Process in England on Overseas Companies and Article 5(5) of the Brussels Convention” (1999) 48 International and Comparative Law Quarterly 921-936.
  • “Jurisdiction Over Disputes Relating to ‘National Lands’ in Cameroon” (1999) 11 African Journal of International and Comparative Law 100-127.
  • “Contract Damages for Wrongful Dishonour of a Cheque” (1997) 60 Modern Law Review 412-419.
  • “Contract Damages for Injury to Reputation” (1996) 59 Modern Law Review  592-602.
  • “Public Policy in the Conflict of Laws: A Chinese Wall Around Little England?” (1996) 45 International and Comparative Law Quarterly  633-661.
  • “Mental Distress and Damages for Breach of Contract” (1996) 16 Oxford Journal of Legal Studies  617-640.
  • “Illegality and the Presumption of Advancement” (1996) Restitution Law Review  78-88.
  • “Title Claims and Illegal Transactions” (1995) 111 Law Quarterly Review 135-157.
  • “Effects of Illegality: a Comparative Study in French and English Law” (1995) 44 International and Comparative Law Quarterly 196-213.
  • “Illegality: The Fading Flame of Public Policy” (1994) 14 Oxford Journal of Legal Studies  295-302.
  • “Public Policy and Ordre Public: The Exclusion of Customary Law in Cameroon” (1993) 5 African Journal of International and Comparative Law 503-524.
  • “Illegality and the Public Conscience Test” (1992) Lloyds Maritime and Commercial Law Quarterly 471-474.

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