Without prejudice: opening shots and negotiating documents

Reviews case law which has provided guidance on the law relating to without prejudice communications in landlord and tenant disputes. Considers: (1) the extent to which without prejudice communications are inadmissible in subsequent litigation; (2) exceptions to the without prejudice rule; (3) the specific context in which the rule applies; (4) the need for a dispute or negotiation to have arisen; (5) the prohibition on using "without prejudice" as an opening shot; and (6) the effect of changing the negotiating basis.

Resulting trusts, joint borrowers and beneficial share

Reviews case law illustrating the courts' approach to beneficial ownership of property purchased in joint name by means of a joint mortgage but without any declaration of beneficial interest, the resulting trust and joint beneficial interest presumptions. Contrast the approach adopted in cases where one party made no contribution to the mortgage payments with those where both parties made a contribution. Highlights the courts' treatment of the right to buy discount afforded tenant purchasers and property purchased as a commercial venture rather than a home.

Expectations and promises

Discusses the Chancery Division judgment in Thorner v Curtis on a claim by an unpaid farm worker, who was led to expect that he would inherit the farm. Examines whether proprietary estoppel could be proved even if the deceased landowner made no express promise. Reviews case law on proprietary estoppel.

Testamentary promises

Comments on the Court of Appeal ruling in Thorner v Curtis on whether, where the owner of a farm died intestate, the claimant, who had worked on the farm for years and had come to believe that he would inherit the farm, could rely on proprietary estoppel based on hints and remarks made over the years by the deceased, even though the deceased had made no express promise. Reviews case law on proprietary estoppel.

The legal pendulum swings back

Comments on the Court of Appeal judgment in Abou-Rahmah v Abacha on liability for dishonest assistance to a breach of trust. Discusses whether an objective standard should apply to determine whether the accessory acted dishonestly. Reviews case law, examining whether the combined test proposed in the House of Lords judgment in Twinsectra Ltd v Yardley is still good law.

Performing injustice: human rights and verbatim theatre

Discusses the theatrical treatment of human rights, by reference to three British productions: Guantanamo: "Honor Bound to Defend Freedom" (2004), My Name is Rachel Corrie (2005) and Called to Account (2007), noting the use of verbatim testimony in such plays. Reviews legal scholarship highlighting the limitations of human rights laws. Considers the theatrical context of each of the plays and the ways in which they represent the status of human rights laws. Comments on the extent of theatre's practical impact on the advancement of human rights.

Legal method and legal reflection: experiential learning in the law school

The two main themes of the conference centre around teaching experiences in legal education and theme and international and European perspectives in legal education.

Estoppel and the interests of the prospective beneficiary

Reviews case law concerning proprietary and testamentary estoppel. Examines two cases in which an elderly person made certain comments and encouraged an understanding between themselves and the claimants, that on death properties would be left to them, but where the requisite legal formalities were not undertaken. Illustrates the contrasting courts' approach, once estoppel has been established, in finding the appropriate remedy to satisfy and considers the challenges faced by the courts in differentiating between constructive trust and proprietary estoppel. [From Legal Journals Index]

Back to the bad old days?

Reviews the Court of Appeal decision in James v Thomas that a cohabitee had not acquired an equitable interest in a property registered in her former partner's sole name through a constructive trust, based on express or inferred common intention, or by proprietary estoppel. Highlights the inconsistent approach of the courts to cohabitee disputes. Outlines the Law Commission's proposals in its 2007 report, Cohabitation: The Financial Consequences of Relationship Breakdown, notes the factors to be taken into account by the courts, and speculates on the case's outcome if the proposals were applied. [From Legal Journals Index]