There have been many attempts to explain licence fee damages, but controversy persists over how they should be understood and when they should be available. Recent cases treat them as a form of restitution for wrongs and cast doubt on the traditional rule by which they are available only for the...

Should a proprietary claim to recover a transfer be available only for transfers made in breach of fiduciary duty, or should a proprietary claim be generally available to recover unauthorised or mistaken payments, which have traditionally given rise, in the absence of a breach of trust or...

The view that the common law is a body of rules laid down by the courts is, for some of its proponents, implicit in the nature of the law as a system of authoritative guidance, but it has implications that are unattractive in principle and contrary to the conventional understanding of legal...