Confusio: reference to Roman law in the House of Lords and the development of English private law

This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild v. Glenhaven Funeral Services, 2002 U.K.H.L. 22; Foskett v. McKeown, [2001] 1 A.C. 102; and OBG v. Allan, 2007 U.K.H.L. 21. The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within these decisions can be seen the value of reference to Roman law.