Monthly Archives: November, 2020

‘Detriment, conscience and the fine art of judicial shade’

“As the Land Law year rolls into co-ownership/constructive trust season, I was interested/irritated (delete as applicable) to see the appearance of another in the seemingly unending parade of common intention constructive trusts cases: O’Neill v Holland [2020] EWCA Civ 1583 …” (more) [Bracton’s Sister, 29 November]

Jeremy Lam, ‘Constructive trusts and email frauds’

ABSTRACT Discusses, with reference to the conflicting decisions in Hong Kong including TOKIĆ DOO v Hongkong Shui Fat Trading Ltd and Wismettac Asian Foods Inc v United Top Properties Ltd, the nature of constructive trust in email fraud cases. € Jeremy Lam, Constructive trusts and email frauds, Trusts and Trustees, Published: 26 November 2020.

‘Legal Theory Lexicon: Canonical and Anti-Canonical Cases’

“Sometimes a case is referred to as ‘canonical’. It is one of the cases that is clearly correct. Brown v Board is frequently cited as a canonical case. Other times, the opposite point is made: a case is call ‘anti-canonical’. It is clearly wrong. An example is Lochner v New York. But what is the […]

‘Guest book review: Patent Management

“We have before us Patent Management – Protecting Intellectual Property and Innovation, the first English edition of the Patentmanagement, published in German in four editions, including frequent updates. Legal advisors often find that there seems to be a language barrier with managers of various organizations (their clients), when decisions must be made regarding the registration […]

Stephen Graw, ‘Terminating partnerships by “accepted repudiation”: revisiting Lord Millett’s dicta’

ABSTRACT As a general rule, if one party commits a repudiatory breach of contract, the other can elect to terminate it. Consequently, if a partner commits a repudiatory breach of a partnership agreement it might be expected that the partnership could be terminated under general law principles. That, however, is not necessarily what happens – […]

Robert Flannigan, ‘Fiduciary agency denied’

INTRODUCTION There is a long running conflict of authority on a fundamental aspect of agency. The conflict is whether every agent, or agent function, is regulated by fiduciary accountability. On one side are numerous conventional cases where agency is described as a status fiduciary relation without qualification. That is, expressly or implicitly, agents are identified […]

‘Article: The Law of High-Wealth Exceptionalism’

“Allison Anna Tait recently published an article entitled, ‘The Law of High-Wealth Exceptionalism’, Alabama Law Review (2020). Provided below is the abstract to the Article. ‘No family is an island. But some families would like to be – at least when it comes to wealth preservation and they depend on what this Article calls the […]

Auer, Manne, Morris and Stout, ‘The Deterioration of Appropriate Remedies in Patent Disputes’

ABSTRACT … Against this backdrop, this article uses the analytical framework of law and economics to offer insights into what policies can help reduce unnecessarily burdensome patent litigation and thereby accelerate the pace of technological progress. Among other things, law and economics enables us to better understand the incentive effects of different rules regarding the […]

Colin Rule, ‘Review of Online Courts and the Future of Justice by Richard Susskind (Oxford University Press, 2019)’

ABSTRACT Richard Susskind’s most recent book sets forth a vision for the future role of online courts in resolving civil disputes and why they will have a profound effect on the manner in which processing of disagreements and claims under law is likely to occur. The benefits will compound as the traditional processes that comprise […]

‘MDLs Go Mainstream: Mass Torts Today’

This episode explores the multidistrict litigation (MDL) from their origins to current examples and recommended reforms. When complex issues effect large numbers of people, MDLs are often seen as the most efficient way to consolidate and manage those cases, recent examples include opioids and Roundup. Led by MDL expert and scholar Elizabeth Chamblee Burch, participants […]