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All Outputs (5)

Constructive Trusts and Theft (2023)
Journal Article
Rotherham, C. (2023). Constructive Trusts and Theft. Victoria University of Wellington Law Review, 54(1), 295-316. https://doi.org/10.26686/vuwlr.v54i1.8447

The Theft Act 1968 (UK) marked a major reform of United Kingdom criminal law resulting in numerous offences being superseded by a broad crime of theft. The Act explicitly provided that theft extended to interferences with equitable property rights. W... Read More about Constructive Trusts and Theft.

Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons (2019)
Book Chapter
Rotherham, C. (2019). Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons. In B. McFarlane, & S. Agnew (Eds.), Modern Studies in Property Law, Volume 10, 145-166. Hart Publishing

An occupier who enjoys light through a window in England, Wales or Northern Ireland for 20 years acquires an easement, the breach of which will amount to a nuisance. While other common law jurisdictions inherited the English law on ‘ancient lights’,... Read More about Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons.

Morally blameless wrongdoers and the change of position defence (2018)
Journal Article
Rotherham, C. (2018). Morally blameless wrongdoers and the change of position defence. Singapore Academy of Law Journal, 30(March 2018), 149-174

This article argues that, contrary to the position taken by some judges and commentators, morally blameless defendants who have committed torts of strict liability should be able to raise the change of position defence against claimants who sue for a... Read More about Morally blameless wrongdoers and the change of position defence.

Subjective valuation of enrichment in restitution for wrongs (2017)
Journal Article
Rotherham, C. (2017). Subjective valuation of enrichment in restitution for wrongs. Lloyd's Maritime and Commercial Law Quarterly, 2017(3), 413-434

The received wisdom is that release-fee awards, sometimes known as “Wrotham Park damages”, are available against morally blameless defendants who have committed torts of strict liability. This article argues that such defendants who have not been inc... Read More about Subjective valuation of enrichment in restitution for wrongs.

Property and power: the judicial redistribution of proprietary rights (2017)
Book Chapter
Rotherham, C. (2017). Property and power: the judicial redistribution of proprietary rights. In K. Barker, S. Degeling, K. Fairweather, & R. Grantham (Eds.), Private law and power. Hart Publishing

This aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that... Read More about Property and power: the judicial redistribution of proprietary rights.