About a year ago, I presented a conference paper at the SLS Conference in 2014. Not taking my own advice that being dilatory is not a reasonable excuse, I only updated it to reflect new authority – and indeed a change in my own opinion – in August 2015. Happily it has been accepted for publication in the Journal of Business Law. Thanks go to Prof Rob Merkin QC who had it peer reviewed in what seems to me to be a record time of four days. The only downside is, to Prof Merkin’s credit, the JBL has a large backlog and my article will not appear for up to a year.
This article analyses the nature of knowing receipt. It finds its previous characterisations as a form of unjust enrichment or trustee-like liability wanting in the face of newer authority and complex commercial situations. It argues that knowing receipt is a gains-based profit-disgorging wrong and this best describes its remedies.