Author Archives:
Call for Papers: 7th Modern Studies in the Law of Trusts, Wealth Management & Philanthropy conference, Monash Malaysia, 20-21 July 2027
Conference theme: Wealth Without Borders: Trusts, Philanthropy and Responsibility in an Age of Polycrisis. As the world navigates an era of overlapping crises, whether economic, environmental, geopolitical or social, the law of trusts, wealth management and philanthropy faces mounting pressure to reconcile the free movement of wealth with growing demands for responsibility, accountability and impact […]
Tarunabh Khaitan, ‘Authorial and Authorised Purposiveness: Natural Persons, Organised Agents, and the Public-Private Debate’
ABSTRACT Liberal law rests on a familiar contrast: private persons may do whatever law does not forbid, whereas public bodies must justify action as authorised by positive law. Through legal ‘personhood’, this agentive public-private divide extends a presumption of autonomy-and the fundamental rights expressing it-to most non-state legal persons, including companies, charities, trade unions, political […]
Steph Bailey, ‘Coercion and constructive trusts: a blind spot in equity’
ABSTRACT The constructive trust framework governing cohabitation property disputes in England and Wales is structurally ill-equipped to address domestic abuse. Its reliance on inferred intention and financial contribution means that coercive and economic abuse can undermine the evidential foundations of beneficial ownership. Drawing on statutory developments and comparative insights from Australia, this article contends that […]
Hewitt and Carr, ‘Administrative unworkability revisited: Jennings v Appleby [2026] EWHC 1161 (Ch)’
ABSTRACT The administrative unworkability of a trust is a concept that is more often considered by undergraduate law students than by the courts. Although its existence is well known, the confines of the doctrine and the consequences of its application are not entirely clear. In Jennings v Appleby, the fact that the class of discretionary […]
Minju Kang, ‘A Social Law Approach to Business and Human Rights’
ABSTRACT This thesis proposes a social law approach to examine and suggest future directions for the legal and institutional responses to the Business and Human Rights (BHR) framework. The social law approach referred to in this thesis seeks to interpret and apply social law’s inherent ethos and methodologies to the current global value chain economy […]
‘Realism or Formalism or Both?’
Andrew S Gold and Thilo Kuntz, ‘Bridges Between Realism and Formalism’, 70 American Journal of Jurisprudence 121 (2025). In their essay, ‘Bridges Between Realism and Formalism’, introducing a special symposium issue of the American Journal of Jurisprudence, Andrew Gold and Thilo Kuntz provide a clear and helpful survey of the impressive array of contributions, with […]
Mendelsohn and Hantel, ‘Commutative Justice as Fairness in the Digital Economy – A Private Law Interpretation of Fairness in EU Digital Acts’
ABSTRACT A number of new European Union (EU) law acts dealing with the digital economy reference fairness as one of their main goals or benchmarks, which has sparked renewed interest in the normative meaning of fairness and the role it plays in the regulation of the digital market. This paper draws on a private law […]
Bolderson and Kitchen, ‘Class action waivers: contracting out of class action litigation in England and Wales’
INTRODUCTION This article considers whether businesses can lawfully deploy class action waivers (CAWs) to mitigate exposure to class action litigation involving breaches of competition law in England and Wales. It concludes that, in certain circumstances, they likely can, though the area is ripe for dispute and gives rise to a number of intellectually complex and […]
Wayne Courtney, ‘Liability in contract for mental distress’
INTRODUCTION … The treatment of mental distress damages in contract evolved to its present state through a mix of judicial intuition and scepticism, without ever settling upon an organising theory. This article is concerned with the matter of liability – that is, defining the circumstances in which compensation can be awarded – and not the […]
Steel and Williams, ‘Constructing the no breach counterfactual: the preclusionary rule’
INTRODUCTION When compensation is claimed for breach of a private law duty, it is typically quantified by reference to a counterfactual in which the defendant did not commit the breach. The ‘preclusionary rule’, as we will call it, is relevant to the construction of this counterfactual. This rule sometimes prevents parties from populating the counterfactual […]