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18:00 - 19:00 24 November 2011

Current Legal Problems Lecture: Rationalising Proprietary Remedies: Are we All Formalists Now?


UCL Law Faculty | Bentham House (link Map)
4–8 Endsleigh Gardens | London | WC1H 0EG | United Kingdom

Open to: Academic | Alumni | Public | Student
Ticketing: Pre-booking essential

Speaker information

Professor Craig Rotherham, University of Nottingham, Craig Rotherham is Professor of Law at the University of Nottingham. He pursued his study of the law at the University of Canterbury (New Zealand), Yale University and Cambridge University and previously held posts at the University of Canterbury, the University of Sussex and Gonville and Caius College, Cambridge. His primary research interests are restitution, proprietary remedies and ideas of property. His present research focus is on gain-based relief. In addition to a number of articles and contributions to edited collections, he is author of Proprietary Remedies in Context: A Study in the Redistribution of Property Rights (Hart, 2002).
The Right Honorable Lord Dyson, Chair, Supreme Court

The task of determining the proper scope of the law of proprietary remedies has been described as the most difficult undertaking facing those seeking to rationalise the law of restitution. A matter of particular contention concerns the methodology that might legitimately be employed in analysing this area. In particular, there is a view that it is wrong to try, as many scholars have, to explain, justify or develop these remedies by reference to policy arguments that focus on the effects that awarding such relief have in insolvency. Not only is this perspective implicit in much judicial discussion, it has been articulated quite explicitly by some academic writers in recent years. This lecture explores the objections raised against justifying proprietary relief on the basis of whether its consequences in insolvency are deserved and asks whether, like it or not, we can really avoid a significant level of engagement with policy if debate in this area is to be rational.


Lisa Penfold
+44 20 7679 1514 | lisa.penfold@ucl.ac.uk


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Law and justice