Chris Monaghan

Teaching & Research

Teaching

Chris is the module leader for Public Law, European Union Law, Human Rights and the Law Project. He has been teaching law at UK universities since 2009 and has taught students on the LLB, Graduate Diploma in Law and LLM programmes. He is a Fellow of the Higher Education Academy (since 2012) and was nominated for the University of Worcesters Student Unions Students Choice Award Outstanding Lecturer Award in 2017.

Research

Chris research interests are in the field of Constitutional Law, Human Rights, Constitutional History and Legal History.

Chris two main on-going research projects are:

Bancoult/Chagos Litigation

Chris has been researching and writing on the Bancoult/Chagos litigation since 2011. He has recently co-edited (with Dr Stephen Allen) a collection of essays, Fifty Years of the British Indian Ocean Territory: Legal Perspectives (Springer, 2018), which includes contributions from leading scholars. Chris contributed an essay to this collection that explored the constitutional implications of the litigation before the domestic courts and included a proposed bill to reform the use of the prerogative power to enact colonial legislation. Chris has published on various aspects of the Chagossians legal challenge and in 2015 he convened a conference, The Chagos Litigation: A Socio-Legal Dialogue, at the University of Greenwich.

Fraud and Criminalisation: with particular reference to School Application Forms

Since 2009 Chris has researching and writing on the use of the Fraud Act 2006 (and now also the Forgery and Counterfeiting Act 1981) by local authorities in England to bring prosecutions against parents who provide false information on their child's school application form. In January 2017, Chris co-organised a workshop, The Fraud Act 2006: Ten Years On that explored the impact of the Act. The workshop proceedings have been published as an edited collection: Financial Crime and Corporate Misconduct: A Critical Evaluation of Fraud Legislation (Routledge, 2018).

Professional Bodies

Association of Law Teachers
Legal Education Research Network
Society of Legal Scholars

Publications

Monaghan, C.  ‘An empirical review of the use of the Fraud Act 2006 and other criminal offences within the school application system’ in Monaghan C and Monaghan N (eds.) Financial Crime and Corporate Misconduct: A Critical Evaluation of Fraud Legislation (Routledge: 2018)      

Monaghan, C.   ‘A critical commentary on the Fraud Act 2006’ in Monaghan C and Monaghan N (eds.) Financial Crime and Corporate Misconduct: A Critical Evaluation of Fraud Legislation (Routledge: 2018)

Monaghan, C. ‘An imperfect legacy: the significance of the Bancoult litigation on the development of domestic constitutional jurisprudence’ in Allen, S and Monaghan, C (eds.) The British Indian Ocean Territory 50 Years On (Springer: 2018)

Monaghan C. ‘Michael Gordon, Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy’ (2018) 16(2) Political Studies Review 83

Monaghan C. ‘Andrew Blick, The Codes of the Constitution’  (2018) 16(2) Political Studies Review 84

Monaghan C. ‘David Chan Smith. Sir Edward Coke and the Reformation of the Laws: Religion, Politics and Jurisprudence, 1578-1616’ (2016) 36(1) Legal Studies 163

Monaghan C, ‘School Application Forms and the Criminal Law’ [2015] 4 Criminal Law Review 270-277

Monaghan C, ‘Hounga v. Allen at the Supreme Court: The defence of illegality in race discrimination cases and the competing public interest in preventing the exploitation of illegal immigrants’ [2015] 15 (3) International Journal of Discrimination and the Law 178-188

Monaghan C, Blueprints Constitutional and Administrative Law (Pearson: 2015)

Monaghan C, Beginning Business Law (Routledge: 2015)

Monaghan, C. ‘Joseph, R. The War Prerogative: History, Reform, and Constitutional Design’ [2015] (13) (2) Political Studies Review 296-297

Monaghan C, ‘The Marine Protected Area and WikiLeaks: R (Bancoult) v Secretary of State for Foreign & Commonwealth Affairs (No. 3) [2014] EWCA Civ 708’ [2014] (19) 3 Judicial Review 151-159

Monaghan C, ‘Royal remains, the Burial Act 1857 and is there a common law duty to consult’  [2014] 19(1) Coventry Law Journal 51-55

Monaghan C, ‘The aggrieved blogger and the local authority chief executive: can the use of the term slush fund be anything but defamatory’ [2014] 19(1) Coventry Law Journal 62-66

Monaghan, C. ‘Bamforth, N & Leyland, P. Accountability in the Contemporary Constitution’ [2014] Common Law World Review 272-277

Monaghan, C ‘Horne A, Drewry G & Oliver D (eds.) Parliament and the Law’ [2014] 34(2) Legal Studies 361-369

Monaghan C, ‘Judicial Discretion, Parliament and Executive Accountability in the Twenty-first Century [2013] 18(4) Judicial Review 388-402

Monaghan C, ‘The Chagossians go to Strasbourg’ [2013] (3) European Human Rights Law Review 314-325

Monaghan C and Monaghan, N. Beginning Contract Law (Routledge: 2013)

Monaghan C, ‘The Beecroft Report, the Enterprise and Regulatory Reform Act 2013, the employee share scheme and beyond: are recent proposals a controversial panacea or an erosion of employees' rights?’ [2013] The Company Lawyer 305-312

Monaghan C, ‘Where to bury Richard III? Judicial review and the ‘ownership’ of a king’s remains’ [2013] 18(2) Coventry Law Journal 33-42

Monaghan, C. ‘Lord Mance’s dissent in R (Bancoult) v Secretary of State for Foreign & Commonwealth Affairs (No2) [2008] UKHL 61’ in Monaghan, C. & Geach, N (eds.) Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill: 2012) 239-262

Monaghan, C. ‘Lord Hobhouse’s dissent in R v Hinks [2000] UKHL 53’ in Monaghan, C. & Geach, N (eds.) Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill: 2012) 289-316

Monaghan, C. ‘Lord Bingham’s dissent in Golden Straight Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12’ in Monaghan, C. & Geach, N (eds.) Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill: 2012) 105-124

Monaghan C, ‘Illegal contracts and discrimination’ [2012] 12 (6) International Journal of Discrimination and the Law 109-116

Monaghan C, ‘Justifying direct age discrimination: when will a mandatory retirement age not amount to direct age discrimination? Seldon v Clarkson Wright and Jakes [2012] UKSC 16’ [2012] (6) Journal of Business Law 479 - 485

Monaghan C, ‘Voluntary Harmonisation of European Sales Law? The Common European Sales Law and the effect it will have on cross-border transactions’ [2012] (33) The Company Lawyer 111-114

Monaghan C, ‘The recovery of losses for a lawful withdrawal of a vessel under a time charterparty: Petroleo Brasileiro S.A v E.N.E. Kos 1 Limited[2012] UKSC 17’ [2012] BPP University Research Paper 1-12

Monaghan C, ‘Letters of credit and disputes about jurisdiction and choice of law: Petrologic Capital SA v Banque de Genève & another [2012] EWHC 454 (Comm)’ [2012] BPP University Research Paper 1-8

Monaghan C, ‘In Defence of Intrinsic Human Rights: Edmund Burke’s controversial prosecution of Warren Hastings, Governor-General of Bengal’ [2011] (2) Law, Crime and History 58-107

Monaghan C, 'Status of the seller in the age of eBay' [2011] (20) Information & Communications Technology Law 103-114

Monaghan, C. ‘Hayton and Mitchell: Commentary and Cases on the Law of Trusts and Equitable Remedies’ [2011] 25(4) Trust Law International231-233

Monaghan C, ‘Fraud and the Juror’ [2011] Dictum 32

Monaghan C, 'To prosecute or not prosecute: A reconsideration of the over zealous prosecution of parents under the Fraud Act 2006', [2010] (74) Journal of Criminal Law, 259 - 278

Monaghan C, ‘When does imitation become passing off?’ [2010] (31) The Company Lawyer 188

Monaghan C, ‘Fraudsters? Putting parents in the dock’ [2010] Criminal Law and Justice Weekly

Monaghan C and Haralambous N, ‘Twelve empty seats: Reflections on judge only trials after jury tampering’ [2010] (1) Criminal Bar Quarterly 10

Monaghan C, ‘Fraudulent Education’ [2009] (173) Criminal Law and Justice Weekly 812

Monaghan C, ‘Wide of the mark’ [2009] (153) Solicitors Journal 12

Monaghan C, ‘Consumer rights and wrongs’ [2009] (159) New Law Journal 1377

Conference Papers 

‘University of Worcester’s Women’s Legal History Project’ (with Professor Sarah Greer, Daniel Maiden, Mollie Sheehy and Georgie Cooper), presented at the Association of Law Teachers Conference, Keele University , March 2018

‘Beyond the appropriate boundaries of criminalisation. An empirical review of the use of the Fraud Act 2006 and other criminal offences within the school application system’, presented at The Fraud Act 2006 – Ten Years On workshop, University of Worcester, January 2017

‘Peacham’s Case and the Case of Commendams: Sir Edward Coke CJ’s defence of judicial independence and ultimate dismissal’, presented at the British Legal History Conference, University of Reading, July 2015

‘Revisiting Lord Mance’s dissent in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No.2) in the 800th year of Magna Carta’, presented at the Chagos Litigation: A Socio-Legal Dialogue Conference, June 2015

‘Public Law beyond the classroom: exploring opportunities for engagement and interaction – how can we prepare for the next fifty years of legal education?’, presented at the Association of Law Teachers Conference, Cardiff, March 2015

‘Public Law in Context – practical approaches to teaching and engaging students in the classroom’, presented at the Annual Learning and Teaching Conference, University of Greenwich, January 2015

‘Twitter and Higher Education – How to engage with fellow academics and students?’ (with Zoe Swan) , presented at the Annual Learning and Teaching Conference, University of Greenwich, January 2015

‘The socio-legal legacy of the Chagos litigation’, presented at the Socio-Legal Studies Association Conference, Robert Gordon University, April 2014

‘Salvaging impeachment - is there any merit in reviving impeachment for the United Kingdom's Constitution?’, presented at the Society of Legal Scholars Conference, University of Bristol,  September 2012

‘Coalition Government, The Spending Cuts and Executive Accountability under the UK Constitution’, presented at the Socio-Legal Studies Association Conference, De Montfort University, April 2012

‘The seven year long Impeachment Trial of Warren Hasting, Governor-General of Bengal and complicit facilitator-in-chief’, presented at the Society of Legal Scholars Conference, University of Southampton, September 2010

‘Once More unto the Breach, Dear Friends, Once More; the Continuing Saga of Anti-Doping and Strict Liability’ (with John O’Leary), presented at the Socio-Legal Studies Association Conference, University of the West of England, April 2010

Public Lectures, Panel Discussions and Research Seminars      

‘The Bancoult litigation at the UK Supreme Court’ School of Law Research Seminar, University of Worcester, November 2017

‘Access to Justice as a fundamental legal principle and Tribunal Fees: panel discussion on the UK Supreme Court’s decision in the UNISON case (R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51)’ (with HH Toby Hooper QC and Stephen Hurley), University of Worcester, October 2017

‘The Chagos Archipelago: International Law, Human Rights and the Legacy of Colonialism’ delivered a guest lecture for the Open University’s LLM programme, 30 June 2017

‘Enemies of the People?’ Hay International Festival (30 May 2017) (with HH Toby Hooper QC, Professor Penny Darbyshire, David Shaw and Bill Davies)

‘An analysis of the decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Article 50 Case)’ (with HH Toby Hooper QC), University of Worcester, December 2016

‘The 400th Anniversary of the Dismissal of Sir Edward Coke – a Reappraisal’, School of Law Research Seminar, University of Worcester, November 2016

‘The implications of BREXIT’ Panel Discussion, University of Worcester, November 2016

‘The Future of the United Kingdom – Constitutional Revolution, Devolution and Scope for Confusion?’, Staff Research Seminar, University of Greenwich, November 2014

‘Using Twitter as part of your professional practice’ (with Zoe Swan), University of Greenwich, September 2014

‘Dissenting Judgments – the importance of dissent in English Law’ (with Professor Ian Loveland, Professor Catharine MacMillan, Neal Geach), Fresh Perspectives on the Law, BPP University, June 2013

‘The Chagos Islands – the Ultimate Stretching on the Prerogative’, Fresh Perspectives on the Law, BPP University, October 2012

November 2012 (Doughty Street Chambers & Urban Lawyers) – panel discussion on Commercial Law and practice

‘The proposed new Common European Sales Law – a first step towards a compulsory European Contract Law or a positive step in protecting consumers and small businesses?’, BPP University, March 2012  

Responsibilities

Internal Roles

Chris is the Deputy Programme Leader for the LLB Programme, the First Year Tutor and the School of Laws Research Lead. He is the module leader for Public Law, European Union Law, Human Rights Law and the Law Project (Dissertation). He is a member of the Research Committee for the Institute of Humanities and a member of the University's Humanities, Arts and Social Sciences Research Ethics Committee.

He is also the convenor of the School of Laws Research Seminar Series and the Public Lecture Series. He co-leads the Women's Legal History project with Professor Sarah Greer with enables law students to proactively engage with the significance of the Sex Disqualification (Removal) Act 1919.

External Roles

Chris is an external examiner at Birmingham City University and the University of Wolverhampton. He has been a critical reviewer for the Open University. He has validated degrees for Birmingham City University and the University of Greenwich. He has also reviewed books for Hart Publishing and Oxford University Press.