Society of Legal Scholars Criminal Justice Section Response to Sexual Offences Guideline Consultation (Sentencing Council Consultation 2012-2013)

Consultation Report

Specific restitution in cases of vitiated consent

This piece was given at the SLS 2012 in the Restitution sub-section. It was one of two finalists for the best paper at the Restitution section that year.

Claims for non-contractual services

The paper argued that the basis of non-contractual claims was reliance rather than unjust enrichment, criticising the unjust enrichment explanation as being premised on a number of unnecessary legal fictions which also undermine the more general coherence of unjust enrichment.

Certainty of subject matter in the law of trusts

This piece argued that the accepted orthodoxy concerning the requirement that each individual piece of property is individually segregated for a valid trust to exist is unsupported by the case law, and that there is nothing wrong in principle or theory with a trust that exists for unsegregated property.