This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...

This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...

This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...

The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has proved extremely difficult "to unravel the tangled skein of human association, and apply to it considerations of legal principle." The Irish courts have had an unusually rich...

The Tulsa Race Massacre was and remains a dark and tragic disgrace for Oklahoma and the entire United States. Black citizens were killed, thousands were left homeless, and 35 blocks of the wealthy community known as Black Wall Street were burned to the ground during the attack. The accumulation...

We have found that integrating spiritual values and principles with traditional law school courses enriches both teacher and student, yielding a lawyering product that is priceless to society. This article focuses on three key areas. Section I, the most critical part of the article, consists of...

This article surveys the development, over the last half-century, of the law in relation to trusts of the family home in Ireland. The focus on disputes over the beneficial ownership of the family home, the most important asset owned by many families, allows a consideration of the evolution of an...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...