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Dr Brian Sloan's picture

Email

bds26@cam.ac.uk

College Contact Details

Room: Room 1, 2 Adams Road

Tel: (01223) 339100

MA LLM PhD (Cantab.)
College Lecturer in Law (Robinson College); Affiliated Lecturer

Interests

Brian's research interests lie mainly in the fields of family law, property law and succession law (broadly conceived), covering jurisdictions including England & Wales, Australia, New Zealand, Northern Ireland, the Republic of Ireland, Canada and Scotland. His recent activities were featured in a Faculty news item.

Brian's first monograph, Informal Carers and Private Law, was published by Hart in December 2012.  It concerned the use of private law remedies to support informal carers. The book was awarded one of the University of Cambridge's Yorke Prizes in 2014.  A preview of the book is available via Google Books, and its opening chapter can be freely downloaded.

In her review published at [2013] Edinburgh Law Review 436, Professor Nicole Busby described it as "an insightful and valuable book" that is "essential reading for those concerned with law's application to informal care-giving".  In the Journal of Social Welfare & Family Law, Professor Jonathan Herring described it as an "enormously impressive" and "wonderful" book that is "carefully argued with a considerable sensitivity to the legal complexities raised" and provides "an invaluable contribution to the literature".  In Social & Legal Studies, Professor Ann Stewart wrote that the book "shines new light on the provision of care in contemporary society", and contains a "careful and detailed analysis of the ways in which such caring is addressed within the conceptual framework of private law" that "provides the reader with an excellent account of the present state of the law but also a new perspective on...wider questions".  She found the book "fascinating and a very valuable contribution to the growing literature on carers".  For his part, Professor Steve Hedley said in the 2014 Law Quarterly Review that "the author is to be commended for drawing such heterogeneous material together into a coherent whole" and that the book is "an entirely competent and thought-provoking treatment of its subject matter".

In a rather broader review published in the Law and Politics Book Review, Professor Peter Cane described Informal Carers and Private Law as an "important, "innovative", "fine" and "path-breaking" book, "characterised by great analytical care, and a balanced and even-handed approach to normative issues".  In Professor Cane's view, it may provide both "a window onto a very different world and an unfamiliar way of thinking about the relationship between public law and private law, the state and the individual" and "interesting and useful material for thinking about the variety of understandings of law and the role of courts in different systems".

In Lent Term 2015, Brian was an Early Career Fellow at the Centre for Research in the Arts, Social Sciences and Humanities (CRASSH) in Cambridge.  During that time, he began to expand his work on care through a project entitled "Adult Social Care and Property Rights".  More details about the project can be found on the CRASSH website and the University website.  Brian has also written a blog post on the subject of his project for the UK Care Guide.

Brian also publishes on the application of property law in the domestic sphere, the regulation of adult relationships, gender recognition and the law of adoption.  His work on adoption was cited by the Supreme Court in In the matter of B (a child) [2013] UKSC 33.  Brian is currently involved in the Children's Rights Judgments project, and he is currently working on a new edition of Borkowski's Law of Succession.

While many of the links below require subscriptions, the text of several of Brian's papers is freely available via his SSRN page or Apollo.  He has been interviewed by radio and print journalists on adoption, same-sex marriage and relief on divorce.  He has also recorded some Law in Focus videos.

CV / Biography

Brian read for his BA in Law (scholar) and LLM (Wright Rogers scholar, Faculty of Law) at Robinson College.  He then took up a W.M. Tapp doctoral studentship at Gonville and Caius College, and his PhD was supervised by Professor Kevin Gray and Dr Jens Scherpe.

After three years as Bob Alexander Fellow at King's College, Brian returned to Robinson in October 2012, where he teaches Equity, Family Law and Land Law.  He was formerly a member of the Board of Scrutiny.

Brian's Twitter handle is @briandsloan; he tweets in a personal capacity.

Publications

 

Books

"Borkowski's Law of Succession" (OUP, forthcoming 2017) 3rd Edition

Published:
Dec 2016
Publisher:
OUP, forthcoming 2017

"Informal Carers and Private Law" (Hart Publishing)

Published:
Dec 2012
Publisher:
Hart Publishing
ISBN 13:
9781849462815

Articles

"Major Reforms to Irish Family Law" Zeitschrift für das gesamte Familienrecht (FamRZ) (forthcoming, 2016)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) (forthcoming, 2016)
Published:
Jul 2016

"Adult Social Care and Property Rights" (2016) 36 Oxford Journal of Legal Studies 428

Citation:
(2016) 36 Oxford Journal of Legal Studies 428
Published:
Jun 2016

"Family Provision Goes to the Supreme Court" [2016] Family Law 424

Citation:
[2016] Family Law 424
Published:
Apr 2016

"Adoption Decisions in England: Re B (A Child) (Care Proceedings: Appeal) and Beyond" (2015) 37 Journal of Social Welfare and Family Law 437

Citation:
(2015) 37 Journal of Social Welfare and Family Law 437
Published:
Dec 2015

"Trusts and Anti-Avoidance under the Care Act 2014" [2015] Conveyancer and Property Lawyer 489

Citation:
[2015] Conveyancer and Property Lawyer 489
Published:
Dec 2015

"Fostering and Adoption as Means of Securing Article 6 Rights in England" (2015) 26 Stellenbosch Law Review 363

Citation:
(2015) 26 Stellenbosch Law Review 363
Published:
Sep 2015

"Keeping up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner’ Scenarios" (2015) 35 Legal Studies 226

Citation:
(2015) 35 Legal Studies 226
Published:
Jun 2015

"Informal Care and Private Law: Governance or a Failure Thereof?" (2015) 1 Canadian Journal of Comparative and Contemporary Law 275

Citation:
(2015) 1 Canadian Journal of Comparative and Contemporary Law 275
Published:
Jan 2015

"Post-Adoption Contact Reform: Compounding the State-Ordered Termination of Parenthood?" [2014] CLJ 378

"Die gleichgeschlechtliche Ehe in England und Wales (Same-sex Marriage in England & Wales) - translated by Monique Martinek" Das Standesamt (StAZ) 136 (2014)

Co-Author/s:
Translated by Monique Martinek
Citation:
Das Standesamt (StAZ) 136 (2014)
Published:
May 2014

"Reformen im Familienrecht von England und Wales in 2013: Gleichgeschlechtliche Ehen, Kindschaftsrecht und Todesvermutung ('Reforms in the Family Law of England and Wales in 2013: Same-sex Marriages, Child Law and the Presumption of Death' with JM Scherpe)" Zeitschrift für das gesamte Familienrecht (FamRZ) 1469 (2013)

Co-Author/s:
Jens M. Scherpe - my contribution translated into German by Dr Scherpe
Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1469 (2013)
Published:
Sep 2013

"Conflicting Rights: English Adoption Law and the Implementation of the UN Convention on the Rights of the Child" [2013] Child & Family Law Quarterly 40

Citation:
[2013] Child & Family Law Quarterly 40
Published:
Apr 2013

"The Concept of Coupledom in Succession Law" [2011] CLJ 623

"Due Rewards or Undue Influence? – Property Transfers Benefitting Informal Carers" [2011] Restitution Law Review 37

Citation:
[2011] Restitution Law Review 37
Published:
Sep 2011

"Post-adoption Photographs: Welfare, Rights and Judicial Reasoning (with Kirsty Hughes)" [2011] Child & Family Law Quarterly 393

Co-Author/s:
Kirsty Hughes
Citation:
[2011] Child & Family Law Quarterly 393
Published:
Sep 2011

"Civil Partnership und nichteheliche Lebensgemeinschaften in Irland ('Civil partnership and Cohabitation in Ireland') (with Jens M. Scherpe)" Zeitschrift für das gesamte Familienrecht (FamRZ) 1451 (2011)

Co-Author/s:
Jens M. Scherpe - my contribution translated into German by Dr Scherpe
Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1451 (2011)
Published:
Sep 2011

"Unjust Enrichment Claims by Informal Carers" [2011] Elder Law Journal 298

Citation:
[2011] Elder Law Journal 298
Published:
Jul 2011

"The Revised Adoption Convention and the Compatibility of National Law on Parental Consent: The English Example" [2010] FamPRA.ch (Die Praxis Des Familienrechts) 585

Citation:
[2010] FamPRA.ch (Die Praxis Des Familienrechts) 585
Published:
Jul 2010

"Proprietary Estoppel: Recent Developments in England & Wales" (2010) 22 Singapore Academy of Law Journal 110

Citation:
(2010) 22 Singapore Academy of Law Journal 110
Published:
Jan 2010

"Re C (A Child) (Adoption: Duty of Local Authority) – Welfare and the rights of the birth family in ‘fast track’ adoption cases" [2009] Child & Family Law Quarterly 87

Citation:
[2009] Child & Family Law Quarterly 87
Published:
Mar 2009

"Vorschläge zur Regelung der Rechtsstellung nichtehelicher und gleichgeschlechtlicher Lebensgemeinschaften in Irland ('Reform Proposals concerning Same-sex Relationships and Cohabitants in Ireland') (with Jens M. Scherpe)" Zeitschrift für das gesamte Familienrecht (FamRZ) 1697 (2008)

Co-Author/s:
Jens M. Scherpe - my contribution translated into German by Dr Scherpe
Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1697 (2008)
Published:
Dec 2008

Book Chapters

"Primacy, Paramountcy, and Adoption in England and Scotland" in E Sutherland and LA Barnes-Macfarlane, Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-being (forthcoming) (Cambridge University Press) (Ed)

Publisher:
Cambridge University Press
Published Date:
Nov 2016
ISBN 13:
9781107158252
Co-Author/s:
E Sutherland and LA Barnes-Macfarlane

"Reversing Testamentary Dispositions in Favour of Informal Carers" in B Häcker & C Mitchell, Current Issues in Succession Law (forthcoming) (Hart Publishing) (Ed)

Publisher:
Hart Publishing
Published Date:
May 2016
Co-Author/s:
B Häcker & C Mitchell

"The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland" in JM Scherpe, European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Laws (Edward Elgar) (Ed)

Publisher:
Edward Elgar
Published Date:
Jan 2016
Co-Author/s:
JM Scherpe

"Parental Responsibility of Non-Parents for Minors in England and Wales" in , Vormundschaftsrecht in Europa (Gieseking Verlag) (Ed)

Publisher:
Gieseking Verlag
Published Date:
Dec 2015
ISBN 13:
978-3-7694-1154-6

"The Future of Registered Partnerships in Northern Ireland" in , The Future of Registered Partnerships (Intersentia (forthcoming)) (Ed)

Publisher:
Intersentia (forthcoming)
Published Date:
Dec 2015

"The Legal Status of Transsexual and Transgender Persons in Ireland" in JM Scherpe, The Legal Status of Transsexual and Transgender Persons (Intersentia) (Ed)

Publisher:
Intersentia
Published Date:
Dec 2015
ISBN 13:
978-1-78068-196-2
Co-Author/s:
JM Scherpe

"Testamentary Freedom: Mutual Wills Might Let You Down (with Siôn Hudson)" in W Barr, Modern Studies in Property Law - Volume 8 (Hart Publishing) (Ed)

Publisher:
Hart Publishing
Published Date:
Aug 2015
Co-Author/s:
W Barr

"Contractualisation of Family Law in England & Wales: Autonomy vs Judicial Discretion (with Jens M Scherpe)" in F Swennen, Contractualisation of Family Law - Global Perspectives (Springer) (Ed)

Publisher:
Springer
Published Date:
Jul 2015
Co-Author/s:
F Swennen

"Testamentary Freedom and Caring Adult Offspring in England & Wales and Ireland" in K Boele-Woelki, J Miles and JM Scherpe, The Future of Family Property in Europe: Proceedings of the 4th Conference of the Commission on European Family Law (Intersentia) (Ed)

Publisher:
Intersentia
Published Date:
Apr 2011
ISBN 13:
978-94-0000-054-4
Co-Author/s:
K Boele-Woelki, J Miles and JM Scherpe

Book Reviews

Review of J Herring, 'Caring and the Law' (Hart Publishing, 2013) (2015) 37 Journal of Social Welfare and Family Law 153

The Children Act. By Ian McEwan [London: Jonathan Cape. 2014. 216pp. Hardback £16.99. ISBN: 978-0224101998.] [2015] CLJ 168

Review of 'Fifty Years in Family Law: Essays for Stephen Cretney' [2012] Child & Family Law Quarterly 496

Constructive and Resulting Trusts. Edited by Charles Mitchell. [Oxford: Hart Publishing. 2010. xxxii and 368 pp. Hardback £65.00. ISBN: 9781841139272.] [2010] CLJ 680

Review of 'Changing Contours of Domestic Life, Family and Law: Caring and Sharing' [2010] Child & Family Law Quarterly 267

Review of Volumes 13-18 and 20 of the European Family Law Series (Antwerp, Oxford 2006-2007) (2010) 74 Rabels Zeitschrift fuer auslaendisches und internationales Privatrecht 195

Family Life and the Law: Under One Roof. Edited by Rebecca Probert. [Aldershot: Ashgate, 2007. ix, 258, (Bibliography) 23 and (Index) 3 pp. Hardback £60.00. ISBN 9780754647607.] [2008] CLJ 213

Case Notes

The 'Disinherited' Daughter and the Disapproving Mother [2016] CLJ 31

A Hippy-Hippy Clean Break? [2015] CLJ 218

Loving But Potentially Harmful Parents in the Supreme Court [2014] CLJ 28

Public Schools for Public Benefit? [2012] CLJ 45

Unmarried Fathers and the Frustration of Family Life [2011] CLJ 314

Enduring Families, Enduring the Adoption Process (2011) 127 LQR 173

Stacking the Odds against Variable Equitable Interests in the Family Home [2011] CLJ 27

Estop Me if You Think You've Heard It [2009] CLJ 518

Estoppel and the Importance of Straight Talking [2009] Conveyancer & Property Lawyer 154

The Benefits of Conjugality and the Burdens of Consanguinity [2008] CLJ 484

Adoption, Welfare and the Procreative One-Night Stand [2008] CLJ 33

The Burden of Inheritance Tax [2007] Cambridge Student Law Review 114

Conference Papers

"A Domestic Perspective on Steinfeld" (The Future of Civil Partnerships Workshop, Cambridge)

Published:
Jun 2016
Conference:
The Future of Civil Partnerships Workshop, Cambridge

"Charges for Charges: Home Sales under the Care Act 2014" ("Modern Studies in Property Law", Queen's University Belfast, April 2016)

Published:
Apr 2016
Conference:
"Modern Studies in Property Law", Queen's University Belfast, April 2016

"Panel Session on Unpaid Work - Claiming Value" (CRASSH Rethinking Work Research Group Seminar Series)

Co-Author/s:
Chris Harker & Carmen Teeple Hopkins
Published:
Feb 2016
Conference:
CRASSH Rethinking Work Research Group Seminar Series

"Charges for Charges: Home Sales under the Care Act 2014" (Centre for Public Law Seminar)

Published:
Feb 2016
Conference:
Centre for Public Law Seminar

"Commentary on Re C v XYZ County Council" (Children's Rights Judgments project (various workshops))

Published:
Jan 2016
Conference:
Children's Rights Judgments project (various workshops)

"Public and Private Approaches to Care in England and Australia" (University of Technology, Sydney)

Published:
Aug 2015
Conference:
University of Technology, Sydney

"Care and Private Law" (Private Law Cluster Talk, University of New South Wales, Sydney)

Published:
Aug 2015
Conference:
Private Law Cluster Talk, University of New South Wales, Sydney

"Trusts and Anti-Avoidance under the Care Act 2014" ("Modern Studies in the Law of Trusts and Wealth Management: Theory and Practice", Singapore)

Published:
Jul 2015
Conference:
"Modern Studies in the Law of Trusts and Wealth Management: Theory and Practice", Singapore

"Reversing Testamentary Dispositions in Favour of Informal Carers" ("Current Issues in Succession Law", All Souls College, Oxford)

Published:
Jul 2015
Conference:
"Current Issues in Succession Law", All Souls College, Oxford

"Primacy, Paramountcy, and Adoption in England and Scotland" ("Doing the 'Best' for Children and Young People? Best Interests, Welfare and Well-Being", Third Annual Colloquium of the United Nations Convention on the Rights of the Child Implementation Project, Edinburgh)

Published:
Jun 2015
Conference:
"Doing the 'Best' for Children and Young People? Best Interests, Welfare and Well-Being", Third Annual Colloquium of the United Nations Convention on the Rights of the Child Implementation Project, Edinburgh

"’A Last Resort’ or ‘The Best Permanent Option for More Children’?: Trends and Tensions in Adoption Law" ("Adoption Matters: An Interdisciplinary Workshop", Birkbeck Institute for Social Research)

Published:
May 2015
Conference:
"Adoption Matters: An Interdisciplinary Workshop", Birkbeck Institute for Social Research

"Nurse, Where's my House?" (MCR-SCR Research Day, Robinson College)

Published:
May 2015
Conference:
MCR-SCR Research Day, Robinson College

"Adult Social Care and Property Rights" (Socio-Legal Studies Association (SLSA) Annual Conference, University of Warwick)

Published:
Apr 2015
Conference:
Socio-Legal Studies Association (SLSA) Annual Conference, University of Warwick

"Adult Social Care and Property Rights" (Fellow's Work in Progress Seminar, Centre for Research in the Arts, Social Sciences & Humanities (CRASSH))

Published:
Jan 2015
Conference:
Fellow's Work in Progress Seminar, Centre for Research in the Arts, Social Sciences & Humanities (CRASSH)

"'Guardianship' for Minors in England and Wales" (Special Workshop on Guardianship for Minors, Universität Regensburg)

Published:
Dec 2014
Conference:
Special Workshop on Guardianship for Minors, Universität Regensburg

"The Influence of the UNCRC on Adoption Decisions in England: Re B (A Child) (Care Proceedings: Appeal) and Beyond" (International Society Of Family Law Caribbean Regional Conference, Nassau, The Bahamas)

Published:
Nov 2014
Conference:
International Society Of Family Law Caribbean Regional Conference, Nassau, The Bahamas

"Contractualisation of Family Law in England and Wales (with Jens M. Scherpe)" (International Academy of Comparative Law XIXth Congress, Vienna)

Co-Author/s:
Jens M. Scherpe
Published:
Jul 2014
Conference:
International Academy of Comparative Law XIXth Congress, Vienna

"(Testamentary) Freedom: Mutual Wills Might Let You Down (with Siôn Hudson)" (Modern Studies in Property Law 2014, University of Liverpool)

Co-Author/s:
Siôn Hudson
Published:
Apr 2014
Conference:
Modern Studies in Property Law 2014, University of Liverpool

"Fostering and Adoptions as Means of Securing Article 6 Rights in England" (Convention on the Rights of the Child Colloquium, Stellenbosch University, South Africa)

Published:
Mar 2014
Conference:
Convention on the Rights of the Child Colloquium, Stellenbosch University, South Africa

"Post-Adoption Contact Reform: Compounding the State-Ordered Termination of Parenthood?" (Centre for Public Law Seminar)

"The Legal Status of Transsexual and Transgender Persons in Ireland" (The Legal Status of Transsexual and Transgender Persons, University of Hong Kong)

Published:
Sep 2013
Conference:
The Legal Status of Transsexual and Transgender Persons, University of Hong Kong

"Informal Carers and Private Law: A Legitimate Combination?" (Invited Lecture, University of Hong Kong)

Published:
Sep 2013
Conference:
Invited Lecture, University of Hong Kong

"Claiming A Slice of Your Former Family Home; or Why Judges Should Mean What They Say and Say What They Mean" (MCR-SCR Research Day, Robinson College, Cambridge)

Published:
May 2013
Conference:
MCR-SCR Research Day, Robinson College, Cambridge

"Keeping up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner’ Scenarios" ("Trusts of the Family Home" Symposium (Durham Law School))

Published:
Apr 2013
Conference:
"Trusts of the Family Home" Symposium (Durham Law School)

"Informal Care and Private Law: Governance or a Failure Thereof?" ("Care, Governance and Law" (Kent Law School Staff Seminar))

Published:
Mar 2013
Conference:
"Care, Governance and Law" (Kent Law School Staff Seminar)

"Long Term Care of the Elderly" (AGM of the Cambridgeshire & District Law Society)

Published:
Mar 2013
Conference:
AGM of the Cambridgeshire & District Law Society

"Keeping up with the Jones Case: Establishing Constructive Trusts in 'Sole Legal Owner' Scenarios" (Cambridge Private Law Seminar)

Published:
Feb 2013
Conference:
Cambridge Private Law Seminar

"Informal Carers & Private Law" (Cambridge Socio-Legal Group)

Published:
May 2012
Conference:
Cambridge Socio-Legal Group

"Informal Carers & Private Law" (Goodhart Seminar, Faculty of Law, University of Cambridge)

Published:
Feb 2012
Conference:
Goodhart Seminar, Faculty of Law, University of Cambridge

"Conflicting Rights: English Adoption Law and the Implementation of the UNCRC" ("Opportunities and Challenges: Implementing the UN Convention on the Rights of the Child", Queen's University Belfast)

Published:
Jun 2011
Conference:
"Opportunities and Challenges: Implementing the UN Convention on the Rights of the Child", Queen's University Belfast

"Conceptions of Coupledom in English and Irish Succession Law" (Comparative Law Discussion Group, Faculty of Law, University of Cambridge)

Published:
Nov 2010
Conference:
Comparative Law Discussion Group, Faculty of Law, University of Cambridge

"Due Rewards or Undue Influence? - Transactions Benefitting Informal Carers" (Contractual Relations & Dispute Resolution Colloquium in memory of Professor Kurt Lipstein, Clare College, Cambridge)

Published:
May 2010
Conference:
Contractual Relations & Dispute Resolution Colloquium in memory of Professor Kurt Lipstein, Clare College, Cambridge

"Testamentary Freedom and Caring Adult Offspring" (Fourth Conference of the Commission on European Family Law, Cambridge)

Published:
Apr 2010
Conference:
Fourth Conference of the Commission on European Family Law, Cambridge

"Proprietary Estoppel in the House of Lords: The Contextual Dimension" (3CL Work in Progress Seminar)

"The Consent of the Birth Parents to the Adoption" ("Challenges in Adoption Procedures", Council of Europe)

Published:
Nov 2009
Conference:
"Challenges in Adoption Procedures", Council of Europe

"Property Law and the Unpaid Carer" (Interdisciplinary Graduate Conference, University of Cambridge)

Published:
Jun 2008
Conference:
Interdisciplinary Graduate Conference, University of Cambridge

"Recognisi­ng the ‘Carer’ in Property Law" (Health and Welfare Symposium, Centre for Research in the Arts, Social Sciences and Humanities, University of Cambridge)

Published:
Jun 2008
Conference:
Health and Welfare Symposium, Centre for Research in the Arts, Social Sciences and Humanities, University of Cambridge

"Welfare and Human Rights in Adoption Law" (Human Rights Forum, Faculty of Law, University of Cambridge)

Published:
Jun 2008
Conference:
Human Rights Forum, Faculty of Law, University of Cambridge

"A Tale of Two Sisters: Tax, Gay Rights and the Margin of Appreciati­on" (Graduate Workshop, Centre for Public Law, University of Cambridge)

Published:
May 2008
Conference:
Graduate Workshop, Centre for Public Law, University of Cambridge