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All Outputs (3)

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The Theft Act 1968 (UK) marked a major reform of United Kingdom criminal law resulting in numerous offences being superseded by a broad crime of theft.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.

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.