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.

Abstract

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.

Random Thoughts

I will add a full link as soon as possible. This is a big step for me in that it is to be my first peer-reviewed article (unless Legal Studies accepts my article discussing the ‘Making “Effective Causation” Effective for Remoteness of Gain Problems’ discussing Novoship (UK) Ltd v Nikitin [2014] EWCA Civ 908) and outruns the JBL!) Previously I have published an article in the Journal of International Maritime Law and a case note in the Conveyancer. The JBL article is, to use the vernacular, REF-able which means it counts a great deal for my future applications for academic posts.

Anyway, back to the article. If you have an interest in fiduciary and trust liability, the liability of intermeddlers with trusts (i.e. knowing receipt and dishonest assistance) or theories of equitable liability generally, you might be interested. If you are interested in the issues raised in Charles Mitchell and Stephen Watterson, ‘Remedies for Knowing Receipt’ in Charles Mitchell (ed), Constructive and Resulting Trusts (Hart 2010) or Matthew Conaglen and Amy Goymour, ‘Knowing Receipt and Registered Land’ in Charles Mitchell (ed), Constructive and Resulting Trusts (Hart 2010) you also may be interested. I tackle both the characterisations of knowing receipt in those chapters and disagree, tackling their foundations and issues in great detail.

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