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Event Details
CURRENT LEGAL PROBLEMS LECTURE SERIES 2011-12:
Rationalising Proprietary Remedies:
Are We All Formalists Now?
by
Professor Craig Rotherham,
University of Nottingham
Chaired by The Right Honorable Lord Dyson, Supreme Court
on Thursday 24 November 2011, from 6-7pm
Venue:
UCL Law Faculty
Bentham House, Endsleigh Gardens
London WC1H 0EG
Accredited with 1 CPD hour by the
Solicitors Regulation Authority and the Bar Standards Board (Pending)
About this lecture:
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.
About the speaker:
Craig Rotherham is Professor of Law at the University of
Nottingham. He is author of Proprietary Remedies in Context: A Study in
the Redistribution of Property Rights (Hart, 2002).
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When & Where
Bentham House
Endsleigh Gardens
WC1H 0EG London
United Kingdom
Thursday, November 24, 2011 at 6:00 PM (GMT)
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