Drawing upon evidence from early-sixteenth-century Chancery pleadings, this paper aims to contribute to our understanding of the framing of the Statute of Uses 1536. It looks, not backwards from later unexecuted uses or trusts, but forwards from evidence of practice in creating uses in the...

Among the complaints often voiced by philosophers who doubt the possibility or actuality of moral conflicts is that any such conflict would violate the “ought”-implies-“can” principle or would in some other respect be objectionably burdensome. The present essay seeks to rebut or defuse...

This paper, written for the forthcoming Oxford Handbook of Distributive Justice, ponders several understandings of conceptual analysis in the context of debates over distributive justice. The paper's first three main sections consider the concept/conception distinction in its multi-layered...

Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains...

English law has clarified the scope of legal advice privilege ('attorney-client privilege') and confirmed that only lawyers and not, for example, accountants, can give such privileged legal advice and support. There are sound reasons for sustaining this clear rule. First, confining this...

When the Treaty of Rome was signed in 1957, its main focus was on creating a single market where free movement of goods, persons, services and capital could be ensured. It therefore regarded labour above all as a factor of production in respect of which the principle of free movement was to...

In England 'multi-party' litigation can take various forms, of which the most important are (a) the opt-in system of Group Litigation Orders and (b) the opt-out system of Representative Proceedings. Category (b)n can yield damages to be distributed amongst the represented class, as recent case...

Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to...

The English costs rules were amended in April 2013 to implement Sir Rupert Jackson's Costs Inquiry (2010). Proportionality has become (see sections II to IV of this paper) the final determinant when assessing standard basis costs, supplementing but also trumping the pre-existing criteria of...

Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...