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Email

bds26@cam.ac.uk

College Contact Details

Room: Room 1, 2 Adams Road

Tel: (01223) 339100

Assistant Professor; Secretary of the Degree Committee

MA LLM PhD (Cantab.)

Interests

Brian's research interests lie mainly in the fields of property law and family law (broadly conceived), covering jurisdictions including England & Wales, Australia, New Zealand, Northern Ireland, the Republic of Ireland, Canada, Hong Kong, Singapore and Scotland.  Some of his 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 blog posts on the subject of his project for the UK Care Guide here and here.  He co-ordinated a project entitled "Spaces of Care" with Professor Loraine Gelsthorpe of the Institute of Criminology and Dr Perveez Mody of the Department of Social Anthropology; an associated edited collection was published by Hart.  In a review of the volume, Professor Miriam David described it inter alia as "amazingly insightful and expansive, providing [her] with intriguing insights into areas of study and worlds that [she] ha[s] not previously thought to include in studies of care". Brian is also working on a project entitled 'Social Care and the Social Contract', which investigates how philosophical conceptions of the state might affect the appropriate balance between the public and private sphere in the provision and funding of care for elderly and disabled adults. His recent work on care has incorporated the implications of the Coronavirus crisis for care and support provided to disabled adults.  He co-authored an Oxford-coordinated report on An Affront to Dignity, Inclusion and Equality: Coronavirus and the Impact of Law, Policy, Practice and Access to Services on People with Disabilities in the United Kingdom, which was the subject of a written parliamentary question. Written evidence drawn from the report was cited by the Parliamentary Women and Equalities Committee.

Brian also publishes on the application of property law in the domestic sphere, the law of succession, the regulation of adult relationships, gender recognition, the law concerning capacity of adults 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 and the Scottish Law Commission in its discussion paper on cohabitation.  His research on the law of wills was cited by the Law Commission and the Court of Appeal of New South Wales in Mekail v Hana [2019] NSWCA 197. The Irish Department of Children and Youth Affairs cited his work on post-adoption contact, and his work on family provision was cited by the Law Reform Commission of Ireland.

Brian authored the fourth edition of Borkowski's Law of Succession, published in 2020, having also authored the third edition.  The book was cited with approval by Lord Burrows in the Privy Council in Jogie v Sealy [2022] UKPC 32, by Nugee LJ in the Court of Appeal in Sangha v Estate of Diljit Kaur Sangha [2023] EWCA Civ 660, and by the Law Commission in its Supplementary Consultation Paper on the law of wills. Brian also edited a collection entitled Landmark Cases in Succession Law.  Details of the project can be found on the Cambridge Family Law website and the programme for the associated conference is also available.  In her review in the Journal of Equity, Associate Professor Fiona Burns said that the “illuminating book” “makes a substantial contribution to the understanding, review and critique of succession law”, describing it as “mandatory reading for anyone interested in succession law” that would “no doubt” “prove an invaluable resource for academics, students and practitioners”. She noted that “the research sheds fascinating insight on the dramatis personae, social and economic conditions and judicial assumptions at the time the cases were decided”.

In 2019, Brian hosted a CRC Implementation Project colloquium with Claire Fenton-Glynn on Article 5: Children’s Rights: Families, Guidance and Evolving Capacities.  He and Dr Fenton-Glynn edited a special issue of the International Journal of Children's Rights and then a volume containing papers from the colloquium.  Professor Nancy Dowd considered it "an extremely valuable collection that exposes the broad array of issues encompassed by Article 5", and described the "valuable contribution of this volume and its invitation to sophisticated analysis of children within a framework that recognises their distinctive rights in relation to parents and the state". She commented that "[t]he value of this volume...is in providing theoretical and exemplar analysis that is critical even for the US in the absence of the CRC", and that it "delivers a rich framework to assess children’s rights and to reorient the scope of parental rights, as well as suggesting further work to elaborate this critical article of the CRC". Brian was also involved in the Children's Rights Judgments project.

Outside the sphere of the law relating to "domestic" life, Brian has written on the law of charities, particularly the status of "private" schools. A video presentation on that topic is available. Brian's current research on charities concerns the relationship between charity law and disability.

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, relief on divorce, trusts for pets, arranging funerals for children and contact with children in care.  He has also recorded some Law in Focus videos and an Inside Family Law video.

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 Professors Kevin Gray and  Jens Scherpe.

After three years as Bob Alexander Fellow at King's College, Brian returned to Robinson in October 2012, where he has taught Equity, Family Law and Land Law.  In 2021, he was appointed as an Assistant Professor in Property Law at the Faculty, giving lectures in Equity, Land Law and the Law of Succession. Brian has been a visiting academic at the Catholic University of Leuven,  the University of New South Wales, Utrecht University, the National University of Singapore and Pepperdine University in California. In autumn 2019, he was a Visiting Fellow at the School of Law, City University of Hong Kong.

Brian is Chair of the Cambridge Socio-Legal Group, a Deputy Director of Cambridge Family Law Centre, and a member of the Cambridge Centre for Property Law, of the Cambridge Reproduction SRI and of the International Advisory Board of FamRZ; an academic member of the Property Litigation Association and an honorary academic member of the Property Bar Association.  He was formerly a member of the University of Cambridge's Board of Scrutiny.

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

Publications

 

Books

Parental Guidance, State Responsibility and Evolving Capacities: Article 5 of the United Nations Convention on the Rights of the Child (ed), 2021)

Co-editor(s):
Claire Fenton-Glynn
Publisher:
ISBN 13:
978-90-04-44686-1
Published Oct 2021

Borkowski's Law of Succession (OUP, 2020) 4th Edition

Spaces of Care (with L Gelsthorpe and P Mody) (eds) (Hart Publishing, 2020)

Co-Author/s:
L Gelsthorpe and P Mody
Publisher:
ISBN 13:
9781509929634
Published Apr 2020

Landmark Cases in Succession Law (ed) (Hart Publishing, 2019)

Informal Carers and Private Law (Hart Publishing, 2012)

Publisher:
ISBN 13:
9781849462815
Published Dec 2012

Articles

"Defining a “Qualified Cohabitant” and Other Developments in Ireland" Zeitschrift für das gesamte Familienrecht (FamRZ) 1433 (2023)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1433 (2023)
Published: Sep 2023

"A Bill to Regulate Surrogacy in Ireland" Zeitschrift für das gesamte Familienrecht (FamRZ) 1436 (2022)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1436 (2022)
Published: Sep 2022

"Access to Information for Adopted Persons in Ireland" Zeitschrift für das gesamte Familienrecht (FamRZ) 1443 (2021)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1443 (2021)
Published: Sep 2021

"The 'Chimera' of Parenthood" (2021) 84 MLR 503

Citation:
(2021) 84 MLR 503
Published: Apr 2021

"Forfeiture and the Effect of the Wills Act 1837 s 33A" [2021] Conveyancer and Property Lawyer 33

Citation:
[2021] Conveyancer and Property Lawyer 33
Published: Apr 2021

"‘Private’ Schools, their Charitable Status and their Property Rights: Legal Barriers to Attenuation" (2021) 137 LQR 228

Citation:
(2021) 137 LQR 228
Published: Mar 2021

"“Easing” Duties and Making Dignity Difficult: COVID-19 and the Care Act 2014" [2021] Public Law 37

Citation:
[2021] Public Law 37
Published: Nov 2020

"Change and Uncertainty in Irish Family Law" Zeitschrift für das gesamte Familienrecht (FamRZ) 1443 (2020)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1443 (2020)
Published: Sep 2020

"Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis" (2020) 28 International Journal of Children's Rights 666

Citation:
(2020) 28 International Journal of Children's Rights 666
Published: Aug 2020

"Article 5 of the Convention on the Rights of the Child: Families, Guidance and Evolving Capacities: Editorial (with Claire Fenton-Glynn) " (2020) 28 International Journal of Children's Rights 439

Citation:
(2020) 28 International Journal of Children's Rights 439
Published: Aug 2020

"The ‘Social Contract’, Care and Inheritance in England and Hong Kong" (2020) 50 Hong Kong Law Journal 139

Citation:
(2020) 50 Hong Kong Law Journal 139
Published: Jun 2020

"More Reform of Irish Family Law Expected" Zeitschrift für das gesamte Familienrecht (FamRZ) (2019),1500

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) (2019),1500
Published: Sep 2019

"A New Approach to Adoption in Ireland" Zeitschrift für das gesamte Familienrecht (FamRZ) 1391, 2018)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1391, 2018)
Published: Sep 2018

"Burdens, Presumptions and Confusion in the Law on Want of Knowledge and Approval" [2017] Conveyancer & Priority Lawyer 440

Citation:
[2017] Conveyancer & Priority Lawyer 440
Published: Dec 2017

"2016–2017: A Period for Reform Proposals in Irish Family Law" Zeitschrift für das gesamte Familienrecht (FamRZ) 1461 (2017)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1461 (2017)
Published: Sep 2017

"Wills, Marriage and Cohabitation: The Law Commission’s Consultation Questions" [2017] Family Law 1026

Citation:
[2017] Family Law 1026
Published: Sep 2017

"LawsAndFamilies" [2017] Family Law 679

Citation:
[2017] Family Law 679
Published: Jun 2017

"Major Reforms to Irish Family Law" Zeitschrift für das gesamte Familienrecht (FamRZ) 1533 (2016)

Citation:
Zeitschrift für das gesamte Familienrecht (FamRZ) 1533 (2016)
Published: Sep 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

"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

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

Citation:
[2011] Restitution Law Review 37
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

"Inequality and Inheritance Law in England and Wales: A Multifaceted Relationship" in J Gardner, A Goymour, J O'Sullivan and S Worthington (ed(s)), Politics, Policy and Private Law (Hart, 2023)

"Fathers in Adoption Proceedings" in N Lowe and C Fenton-Glynn (ed(s)), Research Handbook on Adoption Law (Edward Elgar, 2023)

" Contact and Adoption in the Twenty-First Century: 'Disjuncture Between Reality and the Legalities’?" in JM Scherpe and S Gilmore (ed(s)), Family Matters – Essays in Honour of John Eekelaar (Intersentia, 2022)

Publisher:
ISBN 13:
9781839701894
Published Sep 2022

"Family property and entitlement upon death in England and Wales" in M Briggs and A Hayward (ed(s)), Research Handbook on Family Property and the Law (Edward Elgar), forthcoming

Published Forthcoming

"Parenthood in England and Wales" in C Fenton-Glynn (ed(s)), Comparative Perspectives on Parenthood (Intersentia), forthcoming

Publisher:
Published Forthcoming

"Entires on Family Law and Probate" in J Law (ed(s)), Oxford Dictionary of Law (Oxford University Press, 2022)

"Solidarity Across Generations in England and Wales" (with N/A) in Eri Kasagi (ed(s)), Solidarity Across Generations: Comparative Law Perspectives (Springer, 2020)

"'Pension Freedoms', Care and Inheritance", Pensions: Law, Policy and Practice (Hart Publishing, 2020)

"The Recognition of Informal Care in English Private Law" in E Alofs and W Schrama (ed(s)), Elderly Care and Upwards Solidarity (Intersentia, 2020)

"Adoption versus alternative forms of care", The Oxford Handbook of Children and the Law (OUP, 2020)

"Formal and Informal Care in the Public and Private Spheres in England and Australia" in L Gelsthorpe, P Mody and B Sloan (ed(s)), Spaces of Care, 2020)

Published Apr 2020

"Departing from Prenuptial Agreements to Meet Needs in England and Wales" in C Declerck and W Pintens (ed(s)), Patrimonium 2019 (die Keure, 2019)

"Ilott v The Blue Cross (2017): Testing the limits of testamentary freedom" in B Sloan (ed(s)), Landmark Cases in Succession Law (Hart Publishing, 2019)

Publisher:
Published Oct 2019

"(with Siôn Hudson) Death, Lies, and Land Registration" (with Siôn Hudson), Modern Studies in Property Law - Volume 10 (Hart Publishing, 2019)

"Illegitimate Consequences of ‘Illegitimacy’?: Article 2 UNCRC and Non-Marital Children in the British Isles" (with none), Child Rights and International Discrimination Law: Implementing Article 2 of the UN Convention on the Rights of the Child (Routledge, 2019)

"Registered Partnerships in Northern Ireland" (with A Hayward & JM Scherpe), The Future of Registered Partnerships (Intersentia , 2017)

Publisher:
ISBN 13:
9781780684291
Published Dec 2017

"The English Law Commission on Electronic Wills" (with none) in W Pintens and C Declerck (ed(s)), Patrimonium 2017 (Die Kieure, 2017)

Publisher:
ISBN 13:
9789048632008
Published Nov 2017

"Commentary on Re C v XYZ County Council", Rewriting Children’s Rights Judgments: From Academic Vision to New Practice, 2017)

"Charges for Charges: Home Sales under the Care Act 2014", Modern Studies in Property Law - Volume 9 (Hart Publishing, 2017)

"Primacy, Paramountcy, and Adoption in England and Scotland" (with E Sutherland and LA Barnes-Macfarlane) in E Sutherland and LA Barnes-Macfarlane (ed(s)), Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-being (Cambridge University Press, 2016)

"Reversing Testamentary Dispositions in Favour of Informal Carers" (with B Häcker & C Mitchell) in B Häcker & C Mitchell (ed(s)), Current Issues in Succession Law (Hart Publishing, 2016)

"The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland" (with JM Scherpe), European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Laws (Edward Elgar, 2016)

Co-Author/s:
JM Scherpe
Published Jan 2016

"Parental Responsibility of Non-Parents for Minors in England and Wales" (with A Dutta et al (ed)), Vormundschaftsrecht in Europa (Gieseking Verlag, 2015)

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

"The Legal Status of Transsexual and Transgender Persons in Ireland" (with JM Scherpe), The Legal Status of Transsexual and Transgender Persons (Intersentia, 2015)

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

"Delay, Changing Fortunes and the Financial Consequences of Divorce in England and Wales" in W Pintens and C Declerck (ed(s)), Patrimonium 2015 (die Keure, 2015)

"Testamentary Freedom: Mutual Wills Might Let You Down (with Siôn Hudson)" (with W Barr), Modern Studies in Property Law - Volume 8 (Hart Publishing, 2015)

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

"Contractualisation of Family Law in England & Wales: Autonomy vs Judicial Discretion (with Jens M Scherpe)" (with F Swennen), Contractualisation of Family Law - Global Perspectives (Springer, 2015)

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

"Testamentary Freedom and Caring Adult Offspring in England & Wales and Ireland" (with 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, 2011)

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

Book Reviews

Book Review: Adoption from Care: International Perspectives on Children’s Rights, Family Preservation and State Intervention, edited by Tarja Pösö, Marit Skivenes and June Thoburn, Bristol: Policy Press, 2021, xiv+ 272pp (2021) 35(!) International Journal of Law, Policy and the Family

A Failure of Proportion: Non-Consensual Adoption in England and Wales. By SAMANTHA M. DAVEY [Oxford: Hart Publishing. 2020. x + 204 pp. Hardback £60. ISBN: 9781509929139.] [2020] CLJ 626

Published Nov 2020

A Victorian Tragedy: The extraordinary case of Banks v Goodfellow. By MARTYN FROST [London: Wildy, Simmonds & Hill Publishing, 2018. xii + 262 pp. Hardback £19.99. ISBN: 978-08-54902-53-8.] [2019] CLJ 459

Review of Barlow’s Cohabitants and the Law, 4th edn [2019] Conveyancer & Property Lawyer 86

Published Mar 2019

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

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

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

Detrimental Reliance and the Family Home: Orthodoxy Restored? (2023) 45 Journal of Social Welfare & Family Law 181

DOI:
10.1080/09649069.2023.2175553
Published: Jun 2023

Proprietary Estoppel in the Supreme Court: Banquo’s Ghost? [2023]( CLJ 13

DOI:
10.1017/S0008197323000119
Published: Mar 2023

A Detrimental Decision on Ownership of the Family Home? (2022) 44 Journal of Social Welfare & Family Law 421

DOI:
10.1080/09649069.2022.2102767
Published: May 2022

Resulting or Constructive Trust: Does it Matter? [2020] Conveyancer and Property Lawyer 82

Voluntary or Compulsory Intervention in Family Life? [2019] CLJ 477

Testing Times for Attestation [2019](2) Conveyancer & Property Lawyer 182

Finality Versus Fathers: Undoing Adoption to Recognise Biological Ties [2018] CLJ 258

Evicting the disabled spouse of a bankrupt person [2017) Family Law 1288

Published: Dec 2017

Testamentary Freedom Reaffirmed in the Supreme Court [2017] CLJ 499

(with Martin George) Presuming Too Little About Resulting and Constructive Trusts? [2017] Conveyancer & Property Lawyer 303

Co-Author/s:
Martin George
Published: Aug 2017

The Late Applicant Won't Always Catch the Worm [2016] Family Law 1372

'Cinderella's' Fairytale Ending Curbed [2016] Family Law 913

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

Blog Posts

Conference Papers

"Disability and Maternity: how can we ensure adequate health and social care pathways for disabled mothers? (Panellist)" (Herbert Smith Freehills Disability Mooting Championship Panel Discussion)

Conference:
Herbert Smith Freehills Disability Mooting Championship Panel Discussion
Published: Nov 2023

"The Reproductive Turn in Law" (The Reproductive Turn: A Cambridge Reproduction Forum, Christ's College, Cambridge)

Conference:
The Reproductive Turn: A Cambridge Reproduction Forum, Christ's College, Cambridge
Published: Oct 2023

"Will-writing in a post-pandemic world (panellist)" (University of Cambridge Alumni Festival)

Conference:
University of Cambridge Alumni Festival
Published: Sep 2023

"A Research Agenda for Succession Law" (Aktuelle Stunde talk, Max Planck Institute for Comparative and International Private Law, Hamburg)

Conference:
Aktuelle Stunde talk, Max Planck Institute for Comparative and International Private Law, Hamburg
Published: Sep 2023

"The Fate of Southwell v Blackburn" (The Future of Proprietary Estoppel after Guest v Guest)

Conference:
The Future of Proprietary Estoppel after Guest v Guest
Published: Jul 2023

"What Makes a Landmark Case? Reflections of a Collection Editor" (Empirical Contributions to Doctrinal Research)

Conference:
Empirical Contributions to Doctrinal Research
Published: Mar 2023

"The 'Chimera' of Parenthood" (ISFL Caribbean Regional Conference, Tobago)

Conference:
ISFL Caribbean Regional Conference, Tobago
Published: Dec 2022

"Inequality and Inheritance Law in England and Wales: A Multifaceted Relationship" (Politics and Policy of the Private Law Workshop, Selwyn College, Cambridge)

Conference:
Politics and Policy of the Private Law Workshop, Selwyn College, Cambridge
Published: Apr 2022

"Homicide and Joint Tenancies: Is Severance Sufficient?" (Modern Studies in Property Law Conference 2022, Oxford )

Co-Author/s:
Chris Bevan
Conference:
Modern Studies in Property Law Conference 2022, Oxford
Published: Mar 2022

"Property Law from an Academic's Perspective (panel)" (PBA Conference 2021 - Property Litigation in a World of Change)

Conference:
PBA Conference 2021 - Property Litigation in a World of Change
Published: Nov 2021

"Inequality and Inheritance Law in England and Wales: A Multifaceted Relationship" (Law and Society Association 2021 Annual Meeting)

Conference:
Law and Society Association 2021 Annual Meeting
Published: May 2021

"Adoption in Ireland and the Broader Common Law World" (Family Justice Council seminar)

Conference:
Family Justice Council seminar
Published: Mar 2021

"Forfeiture and the Effect of Section 33A of the Wills Act 1837" (Cambridge Private Law Centre Work-in-Progress Seminar, 12 February 2021)

Conference:
Cambridge Private Law Centre Work-in-Progress Seminar, 12 February 2021
Published: Feb 2021

"Adult Social Care" (Presentation of evidence to Centre for Social Justice Commission on Disability )

Conference:
Presentation of evidence to Centre for Social Justice Commission on Disability
Published: Nov 2020

"‘Private’ Schools, their Charitable Status and their Property Rights: Legal Barriers to Attenuation" (Society of Legal Scholars 11th Annual Conference)

Conference:
Society of Legal Scholars 11th Annual Conference
Published: Sep 2020

"The 'Chimera' of Parenthood" (Joint Cambridge Reproduction/Cambridge Socio-Legal Group Seminar)

Conference:
Joint Cambridge Reproduction/Cambridge Socio-Legal Group Seminar
Published: May 2020

"‘Easing’ Duties and Making Dignity Difficult: Covid-19 and the Care Act 2014" (Disability in the Context of the Coronavirus Pandemic (webinar))

Conference:
Disability in the Context of the Coronavirus Pandemic (webinar)
Published: May 2020

"The ‘Social Contract’, Care and Inheritance" (Talk at Pepperdine Caruso School of Law, Malibu, California)

Conference:
Talk at Pepperdine Caruso School of Law, Malibu, California
Published: Feb 2020

"‘Private’ Schools, their Charitable Status and their Property Rights: Legal Barriers to Attenuation" (Cambridge Private Law Centre Work in Progress Seminar)

Conference:
Cambridge Private Law Centre Work in Progress Seminar
Published: Jan 2020

"The ‘Social Contract’, Care and Inheritance in England and Hong Kong" (Private Law Research Group Seminar, University of Hong Kong, 19 November 2019)

Conference:
Private Law Research Group Seminar, University of Hong Kong, 19 November 2019
Published: Nov 2019

"The ‘Social Contract’, Care and Inheritance in England and Hong Kong" (Asia-Pacific Law Institute, Seoul National University, Korea, 22 October 2019)

Conference:
Asia-Pacific Law Institute, Seoul National University, Korea, 22 October 2019
Published: Oct 2019

"Article 5 and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis" (United Nations Convention on the Rights of the Child Implementation Project Article 5 Colloquium: "Children’s Rights: Families, Guidance and Evolving Capacities", Robinson College, Cambridge)

Conference:
United Nations Convention on the Rights of the Child Implementation Project Article 5 Colloquium: "Children’s Rights: Families, Guidance and Evolving Capacities", Robinson College, Cambridge
Published: Jul 2019

"'Pension Freedoms', Social Care and Inheritance" (Pensions: Law, Policy & Practice Conference, UCL)

Conference:
Pensions: Law, Policy & Practice Conference, UCL
Published: Jun 2019

"Testing Times for Attestation " (Association for Law, Property, and Society’s 10th Annual Meeting, Syracuse University, NY)

Conference:
Association for Law, Property, and Society’s 10th Annual Meeting, Syracuse University, NY
Published: May 2019

"Reconciling God's Law and the Law of the Land in a Multicultural Society" (Fisher House Apologia Talk)

Conference:
Fisher House Apologia Talk
Published: Feb 2019

"Ilott v The Blue Cross (2017): Testing the limits of testamentary freedom " (Landmark Cases in Succession Law, Robinson College, Cambridge)

Conference:
Landmark Cases in Succession Law, Robinson College, Cambridge
Published: Sep 2018

"Solidarity Across Generations in England and Wales" (International Academy of Comparative Law XXth Congress, Fukuoka, Japan, forthcoming, July 2018)

Conference:
International Academy of Comparative Law XXth Congress, Fukuoka, Japan, forthcoming, July 2018
Published: Jul 2018

"Proprietary Estoppel and the Relationship Between Commercial Custom and Law" (invited lecture, Doshisha University)

Conference:
invited lecture, Doshisha University
Published: Jul 2018

"Testamentary Freedom after Ilott v The Blue Cross: Comparative Perspectives" (Association for Law, Property & Society 9th Annual Meeting, Maastricht)

Conference:
Association for Law, Property & Society 9th Annual Meeting, Maastricht
Published: Jun 2018

"‘Dementia Tax’ or ‘Discrimination Tempered’?: Care, Property and Human Rights" (Regulatory Issues in Property Law Conference 2018, Cambridge Centre for Property Law)

Conference:
Regulatory Issues in Property Law Conference 2018, Cambridge Centre for Property Law
Published: May 2018

"(with Siôn Hudson) Death, Lies and Land Registration" (Modern Studies in Property Law, UCL, forthcoming, April 2018)

Co-Author/s:
Sion Hudson
Conference:
Modern Studies in Property Law, UCL, forthcoming, April 2018
Published: Apr 2018

"Formal and Informal Care in the Public and Private Spheres in England and Australia" (Spaces of Care, Pembroke College, Cambridge)

Conference:
Spaces of Care, Pembroke College, Cambridge
Published: Apr 2018

"Red Bricks and Walking Sticks: Pondering Testamentary Freedom in my Old College" (Robinson Lecture, Robinson College, Cambridge)

Conference:
Robinson Lecture, Robinson College, Cambridge
Published: Feb 2018

"Death, Lies and Land Registration" (Cambridge Private Law Centre Seminar)

"Burdens, Presumptions and Confusion in the Law on Want of Knowledge and Approval" (Association for Law, Property & Society 8th Annual Meeting, Michigan)

Conference:
Association for Law, Property & Society 8th Annual Meeting, Michigan
Published: May 2017

"Illegitimate Consequences of ‘Illegitimacy’? Article 2 UNCRC and Non-Marital Children in the British Isles" (Colloquium on the United Nations Convention on the Rights of the Child Implementation Project (CRC-IP), Bergen, Norway)

Conference:
Colloquium on the United Nations Convention on the Rights of the Child Implementation Project (CRC-IP), Bergen, Norway
Published: Apr 2017

"Testamentary Freedom from a Comparative Perspective" (5 Stone Buildings "Ilott and Beyond" Conference, Royal College of Surgeons)

Conference:
5 Stone Buildings "Ilott and Beyond" Conference, Royal College of Surgeons
Published: Apr 2017

"Formal and Informal Care" (Talk to the Utrecht Centre for European Research into Family Law (UCERF), 22nd August)

Conference:
Talk to the Utrecht Centre for European Research into Family Law (UCERF), 22nd August
Published: Aug 2016

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

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

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

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

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

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

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

Conference:
Centre for Public Law Seminar
Published: Feb 2016

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

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

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

Conference:
University of Technology, Sydney
Published: Aug 2015

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

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

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

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

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

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

"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)

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
Published: Jun 2015

"’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)

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

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

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

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

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

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

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

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

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

"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)

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

"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
Conference:
International Academy of Comparative Law XIXth Congress, Vienna
Published: Jul 2014

"(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
Conference:
Modern Studies in Property Law 2014, University of Liverpool
Published: Apr 2014

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

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

"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)

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

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

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

"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)

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

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

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

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

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

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

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

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

Conference:
Cambridge Private Law Seminar
Published: Feb 2013

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

Conference:
Cambridge Socio-Legal Group
Published: May 2012

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

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

"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)

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

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

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

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

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

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

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

"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)

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

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

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

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

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

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

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

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

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

Reports

An Affront to Dignity, Inclusion and Equality: Coronavirus and the Impact of Law, Policy, Practice and Access to Services on People with Disabilities in the United Kingdom (contributor)

Co-Author/s:
Marie Tidball et al
Body / Institution:
Oxford University Disability Law & Policy Project and Bonavero Institute of Human Rights
Published: Jul 2020