Solene Rowan

please note:
On leave Michaelmas 2014

Email: s.rowan@lse.ac.uk
Administrative support: Rebecca Newman
Room: New Academic Building 7.26
Tel. 020-7955-6389

Solène Rowan is an Associate Professor at the LSE, specialising in contract, tort, and commercial law. She studied law as an undergraduate student at King's College London and Paris I (Panthéon-Sorbonne) and completed her LLM and doctoral studies at the University of Cambridge.

Prior to joining the LSE, Solène was a Fellow and College Lecturer in Law at Queens' College, Cambridge. She has held visiting lectureships at the University of Oxford, the University of Paris II (Panthéon-Assas), and Osaka Gakuin University, Japan. She is also a non-practising solicitor of the Senior Courts of England and Wales, having trained at Herbert Smith LLP, London and Shanghai.

Research Interests
  • commercial law

  • comparative law

  • law of obligations

 
Books  

Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance  (Oxford University Press, 2012)

A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.


Winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2012 (first prize)

Based on a thesis that was awarded the Yorke Prize of the University of Cambridge in 2009.

 
Selected articles
and chapters in books
 

'Conditions – Art 5.3.1-5.3.5’ in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2014) [FORTHCOMING]

‘Remedies for Breach of Contract – Report on French Law’ in P Giliker, B Gsell, T Ruefner (eds), Remedies for Breach of contract in Europe, The Common Core of European Contract Law (Cambridge University Press, 2014) [FORTHCOMING]

‘Moral Damages – Report on French Law’ in V Palmer (ed), Moral Damages in European Contract Law, The Common Core of European Contract Law (Cambridge University Press, 2013)  [FORTHCOMING]

'Fault and Breach of Contract: a Comparative Analysis' European Business Law Review  (2011) 22 (4) pp.467-493

'Reflections on the Introduction of Punitive Damages for Breach of Contract' Oxford Journal of Legal Studies, 2010, pp. 495-517

Following the recognition by the House of Lords in AG v Blake of the gain-based remedy of an account of profits in a contractual context, an increasing number of commentators have argued that the English remedial regime for breach of contract should be further reinforced by the introduction of punitive damages. This article considers whether there may be a role for punitive awards in contract law. It seeks to demonstrate that the adoption of punitive damages, without wider reform of the existing remedial regime, may lead to inconsistencies. The reason is that English contract law has generally shown reluctance to view contractual default as being reprehensible or the motive for breach as materially relevant. Legal intervention in particular defined circumstances by way of regulation may be more appropriate than punitive awards. Support for the conclusion that caution should be exercised before reform is undertaken is also drawn from recent developments in France, where the introduction of punitive damages has been proposed as part of a project to reform the Civil Code.

'For the Recognition of Remedial Terms Agreed Inter Partes' Law Quarterly Review, 2010, pp. 448-475

'La Nouvelle Limite Posée à l'Exécution Forcée en Nature par l'Avant-Projet de la Chancellerie' Revue de l'Université Panthéon-Assas, 2010 , pp.81-84

'L'Introduction des Dommages et Intérêts Punitifs en Droit Français : Etude Comparative' in John Cartwright, Stefan Vogenauer, Simon Whittaker Regards Comparatistes sur l'Avant-Projet de Reforme du Droit des Obligations et de la Prescription (Société de Législation Comparée: 2010) pp. 353-374

'Comparative Observations on the Introduction of Punitive Damages in French Law' in J Cartwright, S Whittaker & S Vogenauer (Ed), Reforming the French Law of Obligations (Hart: 2009), pp.325-344

'Protecting Contractual Expectations: an Australian Perspective' Cambridge Law Journal, 2009, p. 276- 278

'Mitigation of Damage: A French Perspective' International & Comparative Law Quarterly, 2006, pp.205-218