Book Review: Informal Carers and Private Law
| Author | Ann Stewart |
| Date | 01 September 2014 |
| Published date | 01 September 2014 |
| DOI | 10.1177/0964663914538583b |
| Subject Matter | Book Reviews |
people, it is not one of the qualifying subjects required by the law society or the bar that
law students who wish to enter the profession have to study as part of their degree – pre-
sumably because it is not a branch of law from which solicitors and barristers can make
money. But it is also because academic lawyers look down on it and do not regard it as a
body of law that has much to offer from a doctrinal, sociolegal or theoretical perspective.
Sadly, I do not think that this book will make them change their minds. However, in spite
of the criticisms set out in this review, it is an impressive achievement.
MICHAEL ADLER
University of Edinburgh, UK
BRIAN SLOAN, Informal Carers and Private Law. Oxford/Portland : Hart Publishing , 2012, 290
pp., ISBN 978 849462815, £62 (hbk).
This book shines new light on the provision of care in contemporary society by focusing
not on the now myriad public policy debates but on the extent to which private law sup-
ports and recognizes informal carers. It confines itself largely to ‘situations where the
relevant litigation would be between individuals or other private parties such that the
state would not be directly involved’. It addresses ‘the availability and propriety of pri-
vate law remedies for informal carers’ (p. 1). The author examines two contexts: ‘where
a carer receives some indication from the person for whom he cares that his care will be
rewarded in some way, and the reward is not forthcoming’ (unconscionability of deal-
ing); and ‘whether a remedy should be available in the absence of such an indication’
(unconscionability of outcome) (p. 2).
The book explores the legal categories of property and family property, testamentary
promise enforcement, unjust enrichment, succession and undue influence. While the
author is primarily concerned with English law, he also introduces readers to other com-
mon law jurisdictions, notably, Australia, New Zealand and Canada.
As Sloan points out in his introductory chapter, while caring for the vulnerable is
recognized as essential for the functioning of any decent society, there is far less consen-
sus on how this is to be done and by whom. While we recognize the moral value of such
care, we are less clear on whether and how to value it economically. While the public
spotlight is directed at the inadequacy of formal provision, whether this is publically
or privately funded, the bulk of care is undertaken informally and unpaid within families
and communities. Policy makers are fully aware that the social care system would col-
lapse without the unpaid labour of those who undertake this care and, as a result, this
group has been provided in recent times with the public status of ‘carers’. As such, they
can access some relatively meagre public support. However, because caring is primarily
provided within informal contexts and associated with familial values such as love, reci-
procity, trust and altruism, there is considerable ambiguity over when a lover, partner,
adult child, neighbour or friend gains the status of carer. At what point does ‘normal’
support for a friend or parent become ‘caring’? When does such support ‘deserve’
474 Social & Legal Studies 23(3)
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