Dr Derek Whayman @whaymandr.bsky.social · 07/05/2026Shop gift card that relieves the customer of their money if not spent before expiry. Who gets the spoils? The shop or the card operator? A: Operator. One would have to have a heart of stone not to laugh: www.bailii.org/ew/cases/EWH...bailii.org 000
Reposted by Dr Derek WhaymanCharlotte John @lottiejohn1.bsky.social · 10/10/2025This looks to be an important and very interesting event - a conference on 13 April 2026 at Selwyn College Cambridge organised by @julietbrook.bsky.social and Dr Derek Whayman to discuss the Wills Bill 2025 and the Law Commission's proposals for will reform. research.reading.ac.uk/succession20...research.reading.ac.ukThe Law of Succession and the Wills Bill - The Law of Succession and the Wills BillA one day conference to discuss the Wills Bill 2025 and related matters. At Selwyn College, Cambridge, 13 April 2026 033
Reposted by Dr Derek WhaymanBrian Sloan @briandsloan.bsky.social · 05/09/2025linkedin.comThe Centre for Private Law, The University of Hong Kong is pleased to invite you to an upcoming lecture as part of the Des Voeux Chambers Oxford-Cambridge-HKU Visiting Fellowship programme. The… | Cen...The Centre for Private Law, The University of Hong Kong is pleased to invite you to an upcoming lecture as part of the Des Voeux Chambers Oxford-Cambridge-HKU Visiting Fellowship programme. The event,... 021
Reposted by Dr Derek WhaymanBrian Sloan @briandsloan.bsky.social · 04/09/2025I'll be presenting an updated version of "The ‘Social Contract’, Care and Inheritance in England and Hong Kong" (bit.ly/2lIfYDI) at a HKU Private Law workshop this evening, almost six years after I was first scheduled to do so. 031
Reposted by Dr Derek WhaymanAdam Hofri @adamhofri.bsky.social · 27/08/2025The Estates, Trusts and Pensions Journal is holding a two-day conference at the Peter A. Allard School of Law, University of British Columbia, to be held on February 19-20, 2026. For full details and registration, please see: lnkd.in/gxDYaUvElnkd.inLinkedInThis link will take you to a page that’s not on LinkedIn 012
Reposted by Dr Derek WhaymanKaty Barnett @drkatybarnett.bsky.social · 21/08/2025Hurrah! Hard copy of Private Law Remedies received! 062
Reposted by Dr Derek WhaymanKaty Barnett @drkatybarnett.bsky.social · 12/08/2025Sirko Harder and I have a new book, “Private Law Remedies” (published today by Edward Elgar Publishing) this time focusing on English law. www.e-elgar.com/shop/gbp/pri...e-elgar.comPrivate Law Remedies‘This book is one of the few to consider the important area of private law remedies as a coherent whole. Within its covers, the details of the law are expounded and there is a wealth of useful insight... 051
Reposted by Dr Derek WhaymanReading Law School @unirdg-law.bsky.social · 11/08/2025A blog post by Dr Derek Whayman (@whaymandr.bsky.social) explaining the Supreme Court's recent motor finance rulings and the role his work and that of other academics played in assisting the court's understanding of the case. blogs.reading.ac.uk/law/2025/08/...blogs.reading.ac.ukHopcraft v Close Brothers Ltd – Limited Redress for Car Buyers | Law at Reading 012
Dr Derek Whayman @whaymandr.bsky.social · 11/08/2025Early thoughts about the motor finance litigation: blogs.reading.ac.uk/law/2025/08/...blogs.reading.ac.ukHopcraft v Close Brothers Ltd – Limited Redress for Car Buyers | Law at Reading 020
Dr Derek Whayman @whaymandr.bsky.social · 06/08/2025Early thoughts about the motor finance judgment: whaymand.wordpress.com/2025/08/06/j...whaymand.wordpress.comJUDGMENT: The Motor Finance LitigationOn Friday August 1st 2025, the UK Supreme Court handed down judgment in Hopcraft v Close Brothers Ltd [2025] UKSC 33 (and conjoined cases). To some surprise, it overturned the Court of Appeal’s dec… 011
Reposted by Dr Derek WhaymanBrian Sloan @briandsloan.bsky.social · 06/08/2025Very much looking forward to contributing to this lecture in Hong Kong in a few weeks: www.linkedin.com/posts/privla... Registration: www.eventbrite.com/e/two-perspe...eventbrite.comTwo Perspectives on Guest v GuestJoin us for a lecture by Dr Brian Sloan and Dr Jordan English on the decision in Guest v Guest and its potential implications for HK Law. 032
Reposted by Dr Derek WhaymanJuliet Brook @julietbrook.bsky.social · 06/08/2025Isaacs v Green (www.bailii.org/ew/cases/EWH...): Successful claim by an adult child under the I(PFD)A 1975. Unusual in that all three 'children' were in their 70s and no longer capable of work. Potential for more cases like this with an ageing population? 032
Reposted by Dr Derek WhaymanReading Law School @unirdg-law.bsky.social · 05/08/2025In last week's motor finance judgment (www.bailii.org/uk/cases/UKS...), the Supreme Court has cited the Dr Derek Whayman's (@whaymandr.bsky.social) work on the development of common law liability for bribes and secret commissions. Congratulations! 132
Reposted by Dr Derek WhaymanEmily Kadens @ek27.bsky.social · 30/07/2025The @transkribus.bsky.social "Egerton: English Secretary Hand" model is now public! app.transkribus.org/models/publi.... We have a website with sample transcriptions for different hands, information about our training conventions, and more: sites.northwestern.edu/egerton/ 14020
Reposted by Dr Derek WhaymanAlec Morris @alecmorris1.bsky.social · 01/08/2025Today's the day! I'm going to take a punt and say this judgment will be a unanimous ruling in favour of the respondents/customers. Big changes coming! 121
Reposted by Dr Derek WhaymanDr David Sawtell @drfsawtell.bsky.social · 17/07/2025The 3rd edition of my book, 'A Practical Guide to the Landlord and Tenant Act 1954' is out now! www.lawbriefpublishing.com/product/lta1... 0101
Reposted by Dr Derek WhaymanKaty Barnett @drkatybarnett.bsky.social · 15/07/2025Really happy to get my copy of this excellent collection of essays, to which I contributed a chapter called ‘The Policy Behind Contract Damages: Beyond Voluntary Assumption of a Risk or Gap Filling’. Thanks to the excellent editors. www.bloomsbury.com/uk/politics-... 051
Reposted by Dr Derek WhaymanAlec Morris @alecmorris1.bsky.social · 10/07/2025Appeal re Rahman v Hassan set to be heard on 23rd October 2025. Watch this space! 143
Dr Derek Whayman @whaymandr.bsky.social · 25/06/2025Close held company dissolved through neglect... Freehold land disclaimed by TSol... Escheated to Crown... Judge considers statutory powers to revest in the two shareholders inapplicable...! www.bailii.org/ew/cases/EWH...bailii.orgLulham & Anor v The Crown Estate Commissioners [2025] EWHC 1572 (Ch) (24 June 2025) 010
Reposted by Dr Derek WhaymanDr Lorren Eldridge @loreldridge.bsky.social · 29/05/2025Registration is now open to attend the conference Celebrating 100 Years of the 1925 Property Legislation at Selwyn College, Cambridge on 8-9 September 2025. The draft programme and booking link may be found on the conference webpage: www.landecon.cam.ac.uk/news/2025-co...landecon.cam.ac.uk2025 Conference: Celebrating 100 Years of the 1925 Property Legislation 185
Reposted by Dr Derek WhaymanAdam Hofri @adamhofri.bsky.social · 25/05/2025The Estates, Trusts and Pensions Journal (tinyurl.com/2dzptjf6), Canada's premier source of trusts and estates scholarship, is soliciting submissions. Interested authors should contact the editor in chief, Prof. David Freedman, at david.freedman@queensu.ca.tinyurl.comEstates, Trusts and Pensions Journal | Thomson Reuters<em>Estates, Trusts and Pensions Journal</em> covers new trends in estates and trusts with special coverage of pensions issues. 011
Reposted by Dr Derek WhaymanJuliet Brook @julietbrook.bsky.social · 16/05/2025Over 400 pages to read, but it is here! The Law Commission's Report and Draft Wills Bill have been published. lawcom.gov.uk/project/wills/lawcom.gov.ukWills – Law CommissionReforming the law 032
Dr Derek Whayman @whaymandr.bsky.social · 08/05/2025'Trust' under AEA 1925, s 33 not a true trust: www.bailii.org/ew/cases/EWC... (see also www.bailii.org/uk/cases/UKP...). It therefore does not prevent adverse possession. Comment: The dangers of ambiguous language. It means non-trust fiduciary duties. Much clearer this way.bailii.orgNazir & Anor v Begum [2025] EWCA Civ 587 (07 May 2025)[New search] [Printable PDF version] [Help] 001
Dr Derek Whayman @whaymandr.bsky.social · 07/05/2025While we teach the ethical use of AI, we don't say enough about its limitations. It simply does not do many things very well. There is an overemphasis on embracing new technology without fairly criticising it. This bias will lead to more grave errors like these. www.judiciary.uk/judgments/fr...judiciary.ukFrederick Ayinde -v- The London Borough of Haringey - Courts and Tribunals JudiciaryNeutral Citation Number: [2025] EWHC 1040 (Admin)Case No: AC-2024-LON-003062 In the High Court of JusticeKing’s Bench DivisionAdministrative Court 3 April 2025 Before: The Honourable Mr Justice Ritchi... 000
Reposted by Dr Derek WhaymanAdam Hofri @adamhofri.bsky.social · 04/05/2025The Estates, Trusts and Pensions Journal is inviting paper proposals for a conference, to be held February 19-20, 2026 at the Allard School of Law, University of British Columbia. Please send a 500-word abstract to David Freedman, the editor-in-chief, at etpjconference@gmail.com, by July 1, 2025. 012
Reposted by Dr Derek WhaymanDr Lorren Eldridge @loreldridge.bsky.social · 01/05/2025Enjoy land law? Want to hear me wax lyrical about how great Benjamin Cherry was, and how he drafted the LPA 1925 and its sibling statutes? There will be archives, intense political bargaining, and hot takes from Edwardian lawyers. Cambridge 20 May (hybrid) Oxford 27 May (in person) 094
Reposted by Dr Derek WhaymanDaniel F Gosling @thegozfather.bsky.social · 28/02/2025On 26 June 2025, I'm running a document workshop at The National Archives on researching with common law records (including assize records). More details and registration information can be found via the link. #TNAPAST www.eventbrite.co.uk/e/past-early...eventbrite.co.ukPAST Early Modern Legal Records: Common Law CourtsCome to The National Archives for this introduction to Early Modern legal records! 12417
Reposted by Dr Derek WhaymanNearly Legal @nearlylegal.co.uk · 09/04/2025A glimmer of light for (some) victims of 'sale and rent back' distressed property purchases. Where the 'sale and rent back' was in breach of FCA regs, the tenant/seller has continued equitable right to to void the sale against (some) subsequent purchasers of title. www.bailii.org/ew/cases/EWH...bailii.orgOrchard & Anor v Dhillon [2025] EWHC 834 (Ch) (08 April 2025) 062
Reposted by Dr Derek WhaymanAlec Morris @alecmorris1.bsky.social · 04/04/2025Pleased that 'Bare Trusts and Private Purpose Powers' is forthcoming in the Conveyancer: papers.ssrn.com/sol3/papers.... A clearer understanding of bare trusts & overreaching, reveals a problem re UAs & Quistclose trusts viz. how the powers overreach. I argue they do so as s32 powers of advancementpapers.ssrn.comBare Trusts and Private Purpose Powers<span>Private purpose powers are crucial to the functioning of non-charitable unincorporated associations and <i>Quistclose</i> trusts—both of which concern bar 023
Dr Derek Whayman @whaymandr.bsky.social · 31/03/2025www.private-law-theory.org/2025/03/28/e... More on how the common law courts adopted, unwittingly, equitable doctrine - relevant to Johnson v FirstRand (the motor finance litigation)private-law-theory.org‘Equity in the Common Law Courts – and the Motor Finance Litigation’ | Private Law Theory - Obligations, Property, Legal Theory 011
Dr Derek Whayman @whaymandr.bsky.social · 28/03/2025For comment: A pre-print on how the courts of common law applied the rules of equity, and confused everyone in the process. Relevant to the secret fees litigation: whaymand.wordpress.com/2025/03/28/e...whaymand.wordpress.comEquity in the Common Law Courts – and the Motor Finance LitigationThe Supreme Court will hear Johnson v FirstRand Bank Ltd and its conjoined cases on appeal from [2024] EWCA Civ 1282 on April 1–3 2025. The case raises a dizzying number of issues relevant to this … 010
Reposted by Dr Derek WhaymanAdam Hofri @adamhofri.bsky.social · 25/03/2025I'll be attending the amazing 2025 UBC Partnering in Research Conference. Let me know if you're planning to attend so that we can say Hi! 👋 Or register now and join me at the event! whova.com/portal/regis... #UBCPiR - via #Whova event appwhova.com2025 UBC Partnering in Research Conference Registration hosted by Whova2025-06-12, Vancouver, BC 031
Reposted by Dr Derek WhaymanObligations Conference @obsconf.bsky.social · 27/12/2024The collection from Obligations X is available at: www.bloomsbury.com/ca/private-l... 054
Dr Derek Whayman @whaymandr.bsky.social · 25/03/2025assets.caselaw.nationalarchives.gov.uk/ewca/civ/202... Secret commissions in equity: + Lack of vulnerability irrelevant + Stricter on disclosure ('ask us' not good enough) + Third party action in equity is dishonest assistance and not a new claim + Tan Dishonesty required for claim against payer ...assets.caselaw.nationalarchives.gov.uk 101
Reposted by Dr Derek WhaymanAlec Morris @alecmorris1.bsky.social · 19/03/2025UK Supreme Court unanimously dismiss appeal in Rukhadze. Court rejects attempt to introduce 'but for' causation test re fiduciary's liability for unauthorised profit (Judgment is an excessive 113 pages(!) long - UKSC perhaps overcompensating for LA Micro judgment...) supremecourt.uk/cases/uksc-2...supremecourt.ukRukhadze and others (Appellants) v Recovery Partners GP Ltd and another (Respondents) - UK Supreme CourtWhether the current test for an account of profits (where a fiduciary has to pay back money earned due to a breach of a duty) should be changed to introduce a requirement that the fiduciary could not ... 151
Reposted by Dr Derek WhaymanTimothy Liau @timliau.bsky.social · 17/03/2025Alexander Georgiou and I have co-authored a paper-- 'Are Equitable Remedies Discretionary?'-- published in the latest issue of the Journal of Equity. The issue includes a lecture by Justice Leeming, Supreme Court of NSW. Pre-prints: papers.ssrn.com/sol3/papers.... cite as (2025) 18 J Eq 246. 033
Reposted by Dr Derek WhaymanJuliet Brook @julietbrook.bsky.social · 27/02/2025Publication Day! It has been fantastic working with Emily Walsh on this new book, that focuses on how the principles of land law apply in practice. 133
Reposted by Dr Derek WhaymanAdam Hofri @adamhofri.bsky.social · 14/02/2025The Estates, Trusts and Pensions Journal is inviting paper proposals for a conference, to be held February 19-20, 2026 at the Allard School of Law, University of British Columbia. Please send a 500-word abstract to David Freedman, the editor-in-chief, at etpjconference@gmail.com, by July 1, 2025. 023
Reposted by Dr Derek WhaymanDr Lorren Eldridge @loreldridge.bsky.social · 03/02/2025The Call for Papers for this event is now on the website, and open until 1 May 2025. 067
Dr Derek Whayman @whaymandr.bsky.social · 14/01/2025My non-lawyer's guide to the motor finance litigation and forthcoming Supreme Court appeal: theconversation.com/car-dealers-...theconversation.comCar dealers took secret fees for recommending finance – and consumers could be owed billionsIn a row dubbed the new PPI scandal, lenders may be liable for billions of pounds of repayments to people who took out car finance. 022
