This paper was written for a special issue of the Singapore Academy of Law Journal on ‘Remedies’. In this paper, I set out the nature of a vindicatio remedy, and discuss its rarity in common law legal systems. I go on to set out two arguments – a pragmatic argument, and a principled argument – for making such a remedy available in the case where a defendant is in possession of an item of personal property that belongs to the plaintiff, and examine whether either of those arguments can be made out.
McBride, Nicholas, Vindicatio – The Missing Remedy? (December 1, 2016). (2016) 28 Singapore Academic Law Journal 1052.