Monthly Archives: September, 2020

Victoria Ball, ‘Bitcoin as property: AA v Persons Unknown, Re Bitcoin

ABSTRACT Recently the High Court heard a dispute relating to the hacking of an insurance company and a subsequent ransom payment in Bitcoin. The court had to decide if Bitcoins could be considered ‘property’ for the purpose of granting a proprietary injunction. The decision raises questions relating to the nature of property and heavily relies […]

David Wilde, ‘Secret trusts: dehors the Wills Act (not the will)’

ABSTRACT It is regularly asserted that the modern explanation for the enforcement of secret trusts – both fully secret and semi-secret – is that they operate ‘dehors’ (outside) the will. The proposition is put forward in academic texts; and in practitioner works. (Although there is scepticism or rejection in other academic texts; and practitioner works.) […]

Peter Sibley, ‘The myth of the infringing profits “starting point” in assessing equitable damages on the basis of the hypothetical bargain in rights to light cases’

ABSTRACT Despite recent case law and negotiating practices, profits generated by the infringement of a right to light are merely ‘a relevant factor’ in assessing a hypothetical bargain between the dominant and servient owners of a right to light, which is but ‘one possible’ basis of assessing equitable damages in such disputes. € (Westlaw) Peter […]

Lorenzo Maniscalco, ‘Common intentions and constructive trusts: unorthodoxy in trusts of land’

INTRODUCTION The Law of Property Act (LPA) 1925 s 53(1)(b) requires a settlor’s intention to be evidenced in signed writing for a trust of land to be enforceable. However, as every property lawyer knows, intentions either informally expressed or merely inferred from conduct have maintained an extremely important role in trusts of land, in particular […]

Russell Hewitson, ‘Force majeure, frustration and contracts’

INTRODUCTION One of the many consequences of the coronavirus lockdown in 2020 has been felt by residential conveyancers whose clients had exchanged contracts and could not complete the transaction as originally agreed. Moving house where reasonably necessary was one of the reasonable excuses contained in the coronavirus regulations for someone being able to leave the […]

Chloe Stepney, ‘Actual Harm Means it is too Late: How Rosenbach v Six Flags Demonstrates Effective Biometric Information Privacy Law’

ABSTRACT Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost? Currently, there is no […]

Rob Weir, ‘Surrogacy; simply claim what’s reasonable: analysing XX v Whittington Hospital NHS Trust

INTRODUCTION Surrogacy is when a woman carries and gives birth to a baby for another person or couple. There are two types: full or gestational surrogacy where the eggs of the intended mother or a donor are used so that there is no genetic connection between the baby and the surrogate; and partial or traditional […]

Edwin Buckett, ‘Aggravated damages and personal injury cases – where are we now?’

ABSTRACT The availability of aggravated damages in claims for personal injury are sometimes overlooked largely because they are not commonly available. This article examines the prominence which such damages currently receive, why they can be important and the level of additional damages to be expected from an aggravated damages award. € (Westlaw) Edwin Buckett, ‘Aggravated […]

Lloyd Brown, ‘Cowan v Scargill and the fiduciary duty of investment: has the nature of the investment duty changed and what is currently driving “socially responsible investing” in pension schemes?’

ABSTRACT This article examines the fiduciary duty of investment. It is particularly interested in how this duty may be exercised by pension trusts in support of the ‘socially responsible investing’ (SRI) movement. An analysis of the case of Cowan v Scargill is provided to better understand whether this duty has changed over the past two […]

Sarah Court-Brown, ‘Is Lower Pay for Shared Parental Leave Discrimination? Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police

INTRODUCTION The issue considered by the Court of Appeal in the joined appeals of Ali v Capita and Hextall v The Chief Constable of Leicestershire Police was whether it was unlawful sex discrimination for an employer to pay a man taking shared parental leave less than a woman taking maternity leave. The Court of Appeal found […]