This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

The court in Mayhew v. King 2010] EWHC 1121 (Ch) failed to recognise that the principle against divestiture has nothing to do with the principle of pari passu distribution. However, the court's actual application of the principle is in many respects a healthy repudiation of the Court of Appeal's...

This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was...

While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...

The psychological consequences of the law of succession largely have been overlooked. This oversight is confounding given that the estate planning and probate processes are emotionally charged and raise a number of psychological issues. Filling this analytical void, this article examines the...

This chapter considers the landmark family property decisions of the House of Lords in Pettitt v. Pettitt [1970] AC 777 and Gissing v. Gissing [1971] AC 886 through the prism of imputed common intention, an idea advanced by Lord Diplock in Pettitt and (on one view) implemented in a different...

This report offers proposals in the hope they may inform development of a more systematic and integrated approach to the creation, definition and recording of statutory rights, restrictions and obligations (‘RRR') affecting land parcels. While much progress has been made by Australia's land...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

In the past decades due to changed technical advances, features of the personality have become economically exploitable to an extent not previously known. Pop stars, TV celebrities as well as famous athletes have sought protection against the commercial use of their images, names and likenesses...

This essay recounts and updates some of my research in property theory and in contract theory. One aim of my research has been to provide pathways for understanding the significance of market-inalienability. In developed societies that feature the institutions of private law, with commitment to...