Publications

Mark Mullen’s article on the law of donationes mortis causa has been published in Trusts and Trustees by Oxford University Press. It examines the nature of the doctrine and the current state of the law.

Anyone involved in cases concerning the tracing of assets will be interested in Durant v Brazil [2015] UKPC 35, a recent decision of the Privy Council.  In this article Dov Ohrenstein examines this case and its impact on future cases.

Dov Ohrenstein writes for the New Law Journal on the impact of the good faith doctrine on commercial contracts,

Dov Ohrenstein writes for the New Law Journal on the impact of the good faith doctrine on commercial contracts,

To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonable diligence? In May 2015, two High Court Judges gave totally contradictory answers to this question.

This article written by Shantanu Majumdar considers a solicitor’s liability to account in respect of fees received from its defendant client where a claimant makes a proprietary claim to the proceeds of fraud.

In this article Mark West considers the recent decision of the Supreme Court in Scott v. Southern Pacific Mortgages Ltd [2014] UKSC 52 which concerned the question of priorities in the unregulated sale and leaseback market. In particular (1) where the purchasers were in a position at the date of exchange of contracts to confer equitable proprietary rights on the vendors, as opposed to personal rights only (2) (on which the Court was divided) even if the equitable rights of the vendors were more than merely personal rights, did the rationale of the decision of the House of Lords in Abbey National Building Society v Cann apply.