There have been many attempts to explain licence fee damages, but controversy persists over how they should be understood and when they should be available. Recent cases treat them as a form of restitution for wrongs and cast doubt on the traditional rule by which they are available only for the...

This chapter discusses intangible property and non-proprietary intangibles. It begins with a discussion of the idea of the right against interference as the basic right of property and compares it with idea of the right to the benefit of property. It discusses the idea of remedial consistency -...

Should a proprietary claim to recover a transfer be available only for transfers made in breach of fiduciary duty, or should a proprietary claim be generally available to recover unauthorised or mistaken payments, which have traditionally given rise, in the absence of a breach of trust or...

I discuss the concept of remedial consistency – consistency of remedial rights with primary rights – with respect to contract law, and what can be inferred about contract law, in the light of the requirement of remedial consistency, from the rules on compensation, specific performance,...

The view that the common law is a body of rules laid down by the courts is, for some of its proponents, implicit in the nature of the law as a system of authoritative guidance, but it has implications that are unattractive in principle and contrary to the conventional understanding of legal...