sew1003@cam.ac.uk
Faculty Contact Details
Room: T15
College Contact Details
Room: L4a, Nevile's Court
QC (Hon), BSc (ANU), LLB (Qld), LLM (Melb), PhD (Cantab), FBA, FRSA, FAAL
Downing Professor of the Laws of England; Director of the Cambridge Private Law Centre
Interests
Commercial equity and corporate law, especially personal property, secured financing, and corporate and contract governance issues.
CV / Biography
Currently: Treasurer, British Academy; Bencher of Middle Temple; Academic Member, South Square, Gray's Inn; Panel Member, PRIME Finance; Director and Fellow, International Academy of Commercial and Consumer Law; Fellow, European Law Institute; Fellow, Academia Europaea; Visiting appointments: Merralls Fellow (2016) and Professorial Fellow, University of Melbourne; Cheng Yu Tong Visiting Professor, University of Hong Kong; Distinguished Fellow, Australian Centre for Private Law, University of Queensland. Syndic, Cambridge University Press. Panelist on ALI’s Restatement Fourth, Property International Advisory Panel (2015-)
Previously: Member of Council, British Academy; Member of Council, AHRC; President, Society of Legal Scholars; member, Judicial Appointments Committee Diversity Forum; member of Operating Board and chair of Audit Committee, Cambridge University Press; member, Advisory Council for the Study Group for a European Civil Code; consultant, UK Law Commission; member of working groups of the Bank of England Financial Markets Law Committee and the UK Company Law Review.
Publications
Books
"Gower's Principles of Modern Company Law (with Paul L Davies)" (Sweet & Maxwell Ltd) 10th Edition
Published:
Jul 2016
Publisher:
Sweet & Maxwell Ltd
ISBN:
0414056264
ISBN 13:
978-0414056268
"Sealy and Worthington's Text, Cases, and Materials in Company Law" (OUP) 11th Edition
Published:
Jul 2016
Publisher:
OUP
ISBN:
0198722052
ISBN 13:
978-0198722052
"Commercial Remedies: Resolving Controversies (with G Virgo, eds)" (CUP (forthcoming)) (Ed)
Published:
Jun 2016
Publisher:
CUP (forthcoming)
"Palmer's Company Law (Gen Ed GK Morse) -- responsible for Part 8A: Management of the Company" (Sweet & Maxwell)
Published:
Oct 2014
Publisher:
Sweet & Maxwell
"The Law of Personal Property (with M Bridge, L Gullifer, G McMeel)" (Sweet & Maxwell)
Editor's Name:
9781847037992
Published:
Aug 2013
Publisher:
Sweet & Maxwell
"Equity and Property: Fact, Fantasy and Morals" (Queensland University Press)
Published:
Oct 2009
Publisher:
Queensland University Press
"Equity" (Clarendon Law Series, OUP) 2nd Edition
Published:
Oct 2006
Publisher:
Clarendon Law Series, OUP
"Commercial Law and Commercial Practice" (Hart Publishing) (Ed)
Published:
Oct 2003
Publisher:
Hart Publishing
"Personal Property Law: Text and Materials" (Hart Publishing)
Published:
Oct 2000
Publisher:
Hart Publishing
"Proprietary Interests in Commercial Transactions" (OUP)
Published:
Oct 1996
Publisher:
OUP
Articles
"Agents behaving badly?" (2017) 4 JIBFL 202-204
Citation:
(2017) 4 JIBFL 202-204
Published:
Apr 2017
"Corporate Attribution and Agency: Back to Basics" (2017) 133 LQR 118-143
Citation:
(2017) 133 LQR 118-143
Published:
Jan 2017
"The Death of Penalties in Two Legal Cultures?" (2016) 7 UK Supreme Court Yearbook 129-151
Citation:
(2016) 7 UK Supreme Court Yearbook 129-151
Published:
Dec 2016
"Four Questions on Fiduciaries" (2016) 2 Canadian Journal of Comparative and Contemporary Law 723-64 (special issue on 'Equity in the 21st Century: Problems and Perspectives')
Citation:
(2016) 2 Canadian Journal of Comparative and Contemporary Law 723-64 (special issue on 'Equity in the 21st Century: Problems and Perspectives')
Published:
Jul 2016
"Lessons from Lehman: Persistent Problems for Secured Lenders" [2014] International Corporate Rescue 150-158
Citation:
[2014] International Corporate Rescue 150-158
Published:
Mar 2014
"Fiduciary Duties and Proprietary Remedies: Addressing the Failure of Equitable Formulae" [2013] CLJ 720-752
Citation:
[2013] CLJ 720-752
Published:
Sep 2013
"Good faith, flawed assets and the emasculation of the UK anti-deprivation rule" (2012) 75 MLR 112-121
Citation:
(2012) 75 MLR 112-121
Published:
Jan 2012
"Testing the Anti-Deprivation Rule: a response to ‘Lehman brothers and the anti-deprivation principle: current uncertainties and proposals for reform’" (2011) 6 Capital Markets Law Journal 450-455
Citation:
(2011) 6 Capital Markets Law Journal 450-455
Published:
Oct 2011
"The Unique Charm of the Common Law" (2011) 19 3/4 European Review of Private Law 345-361
Citation:
(2011) 19 3/4 European Review of Private Law 345-361
Published:
Oct 2011
"Statutory Rules, Common Law Rules and Public Policy in the Global Financial Crisis" (2011) Penn State International Law Review (with Grainne Mellon)
Citation:
(2011) Penn State International Law Review (with Grainne Mellon)
Published:
Oct 2011
"Making Sense of Arguments about the Anti-Deprivation Rule" (2011) 8(1) International Corporate Rescue 26-39
Citation:
(2011) 8(1) International Corporate Rescue 26-39
Published:
Oct 2011
"Insolvency Deprivation, Public Policy and Priority Flip Clauses" (2010) 7(1) International Corporate Rescue 28-39
Citation:
(2010) 7(1) International Corporate Rescue 28-39
Published:
Oct 2010
"Art, Law and Creativity" [2009] 62 Current Legal Problems 168-201
Citation:
[2009] 62 Current Legal Problems 168-201
Published:
Oct 2009
"‘Pitfalls with Proprietary Claims—Lehman Bros Again" (2009) Journal of International Banking and Finance Law 321-324 (with Ina Mitchkovska)
Citation:
(2009) Journal of International Banking and Finance Law 321-324 (with Ina Mitchkovska)
Published:
Oct 2009
"Floating charges: the current state of play" (2008) Journal of International Banking and Finance Law 467-469 (with Ina Mitchkovska)
Citation:
(2008) Journal of International Banking and Finance Law 467-469 (with Ina Mitchkovska)
Published:
Oct 2008
"Property as Proxy for Policy in Common Law Adjudication" (2007) 25(2) University of Queensland Law Journal 329-347
Citation:
(2007) 25(2) University of Queensland Law Journal 329-347
Published:
Oct 2007
"Property, Obligation and Insolvency Policy: Cutting the Gordian Knot" (2005) 20 Journal of International Banking and Financial Law 100-103
Citation:
(2005) 20 Journal of International Banking and Financial Law 100-103
Published:
Oct 2005
"An "Unsatisfactory Area of the Law"—Fixed and Floating Charges Yet Again" (2004) 1 International Corporate Rescue 175-184
Citation:
(2004) 1 International Corporate Rescue 175-184
Published:
Oct 2004
"Reviewing Rescission: Real Rights or Mere Possibilities" [2003] Insolvency Lawyer14-23 (summarises 2002 RLR 28-68)
Citation:
[2003] Insolvency Lawyer14-23 (summarises 2002 RLR 28-68)
Published:
Oct 2003
"The Proprietary Consequences of Rescission" [2002] Restitution Law Review 28-68
Citation:
[2002] Restitution Law Review 28-68
Published:
Oct 2002
"Rehabilitating Personal Property Law as a Serious Topic for Teaching and Research" (2002) 36 Canadian Business LJ 1-28
Citation:
(2002) 36 Canadian Business LJ 1-28
Published:
Oct 2002
"Integrating Equity and the Common Law" (2002) 55 Current Legal Problems 223-262
Citation:
(2002) 55 Current Legal Problems 223-262
Published:
Oct 2002
"Shares and Shareholders: Property, Power and Entitlement - Parts I and II" (2001) 22 Company Lawyer 258-66 and 307-314
Citation:
(2001) 22 Company Lawyer 258-66 and 307-314
Published:
Oct 2001
"Reforming Directors’ Duties" (2001) 64 Modern Law Review 439-458
Citation:
(2001) 64 Modern Law Review 439-458
Published:
Oct 2001
"Corporate Governance: Remedying and Ratifying Directors’ Breaches" (2000) 116 Law Quarterly Review 638-675
Citation:
(2000) 116 Law Quarterly Review 638-675
Published:
Oct 2000
"Equitable Estoppel: Unpacking a Doctrine" (2000) 27 Journal of Malaysian and Comparative Law 227-246
Citation:
(2000) 27 Journal of Malaysian and Comparative Law 227-246
Published:
Oct 2000
"Equitable Estoppel: Unpacking a Doctrine" (2000) 27 Journal of Malaysian and Comparative Law 227-246 [later developed in Equity (2nd ed, OUP, 2006)]
Citation:
(2000) 27 Journal of Malaysian and Comparative Law 227-246 [later developed in Equity (2nd ed, OUP, 2006)]
Published:
May 2000
"Reconsidering Disgorgement" (1999) 62 Modern Law Review 218-240
Citation:
(1999) 62 Modern Law Review 218-240
Published:
Oct 1999
"Sorting Out Ownership Interests in a Bulk: Gifts, Sales and Trusts" [1999] Journal of Business Law 1-22
Citation:
[1999] Journal of Business Law 1-22
Published:
Oct 1999
"Fiduciaries: When is Self-Denial Obligatory?" [1999] Cambridge Law Journal 500-508
Citation:
[1999] Cambridge Law Journal 500-508
Published:
Oct 1999
"Back Door Security Devices" [1999] Insolvency Lawyer 153-161
Citation:
[1999] Insolvency Lawyer 153-161
Published:
May 1999
"Fixed Charges Over Book Debts and Other Receivables" (1997) 113 Law Quarterly Review 562-569
Citation:
(1997) 113 Law Quarterly Review 562-569
Published:
Oct 1997
"Proprietary Remedies: The Nexus Between Specific Performance and Constructive Trusts" [1996] Journal of Contract Law 1-25
Citation:
[1996] Journal of Contract Law 1-25
Published:
Oct 1996
"When does a Buyer Acquire an Interest in Property?: The Implications of the Goldcorp Saga" (1995/96) 2 Receivers, Administrators and Liquidators Quarterly 23-35
Citation:
(1995/96) 2 Receivers, Administrators and Liquidators Quarterly 23-35
Published:
May 1996
"Proprietary restitution - void, voidable and uncompleted contracts" (1995) 9 Trust Law International 113-23
Citation:
(1995) 9 Trust Law International 113-23
Published:
May 1995
"Equitable Liens in Commercial Transactions" (1994) 53 Cambridge Law Journal 263-72
Citation:
(1994) 53 Cambridge Law Journal 263-72
Published:
May 1994
"Floating Charges - An Alternative Theory" (1994) 53 Cambridge Law Journal 81-103 [later expanded in Proprietary Interests in Commercial Transactions (1996, OUP)]
Citation:
(1994) 53 Cambridge Law Journal 81-103 [later expanded in Proprietary Interests in Commercial Transactions (1996, OUP)]
Published:
May 1994
"Public Unit Trusts: Principles, Policy and Reform of the Trustee and Manager Roles" (1992) 15 University of New South Wales Law Journal 256-67
Citation:
(1992) 15 University of New South Wales Law Journal 256-67
Published:
May 1992
"Continental Shelf Delimitation in the Timor Gap" [1991] Australian Mining and Petroleum Law Association Yearbook 566-85
Citation:
[1991] Australian Mining and Petroleum Law Association Yearbook 566-85
Published:
Oct 1991
"Directors’ Duties, Creditors’ Rights and Shareholder Intervention" (1991) 18 Melbourne University Law Review 121-153
Citation:
(1991) 18 Melbourne University Law Review 121-153
Published:
Oct 1991
Book Chapters
"Exposing Third Party Liability in Equity: Lessons from the Limitation Rules" in , Equity, Trusts and Commerce (Hart Publishing), pp. Ch 14 (pp 331-359)
Publisher:
Hart Publishing
Pages:
Ch 14 (pp 331-359)
Published Date:
May 2017
"The Scope and Application of the Anti-Deprivation Rule" in D Faber and N Vermunt (eds), Bank Failure: Lessons from Lehman Brothers (OUP), pp. Ch 9
Publisher:
OUP
Pages:
Ch 9
Published Date:
Apr 2017
"Fiduciaries: Following Finn" in T Bonyhady (ed), Finn’s Law: An Australian Justice (Federation Press)
Publisher:
Federation Press
Published Date:
Nov 2016
"Common Law Values: The Role of Party Autonomy in Private Law" in A Roberston and M Tilbury (eds), The Common Law of Obligations: Divergence and Unity (Hart Publishing), pp. 301-322 (Ch 14), available at http://ssrn.com/abstract=2620191 with the consent of Hart Publishing.
Publisher:
Hart Publishing
Pages:
301-322 (Ch 14), available at http://ssrn.com/abstract=2620191 with the consent of Hart Publishing.
Published Date:
Jan 2016
"How Secure is Security?" in L Gullifer and S Vogenauer (eds), Contract, Commerce and Comparative Law: Essays in Honour of Hugh Beale (OUP), pp. 417-437
Publisher:
OUP
Pages:
417-437
Published Date:
Nov 2014
"What is Left of Equity’s Relief against Forfeiture?" in Elise Bant and Matthew Harding, Exploring Private Law (CUP) (Ed), pp. 249-274
Publisher:
CUP
Pages:
249-274
Published Date:
Oct 2010
"Appointment" in Simon Mortimore QC, Company Directors: Duties, Liabilities and Remedies (OUP) (Ed), pp. (Ch 6, with Martin Griffiths QC)
Publisher:
OUP
Pages:
(Ch 6, with Martin Griffiths QC)
Published Date:
Oct 2009
"Terms of Service" in Simon Mortimore QC, Company Directors: Duties, Liabilities and Remedies (OUP) (Ed), pp. (Ch 7, with Edward Brown)
Publisher:
OUP
Pages:
(Ch 7, with Edward Brown)
Published Date:
Oct 2009
"Removal of Directors" in Simon Mortimore QC, Company Directors: Duties, Liabilities and Remedies (OUP) (Ed), pp. (Ch 8, with Edward Brown)
Publisher:
OUP
Pages:
(Ch 8, with Edward Brown)
Published Date:
Oct 2009
"Company Charges" in PL Davies, Gower and Davies Principles of Modern Company Law (8th ed) (OUP), pp. Ch 32
Publisher:
OUP
Pages:
Ch 32
Published Date:
Oct 2008
"Floating Charges: The Use and Abuse of Doctrinal Analysis" in J Getzler and J Payne (eds), Company Charges: Spectrum and Beyond (OUP), pp. 25-49
Publisher:
OUP
Pages:
25-49
Published Date:
Oct 2006
"Re Diplock (1948)" in C Mitchell and P Mitchell (eds), Landmark Cases in the Law of Restitution (Hart Publishing), pp. 285-323 (with T Akkouh)
Publisher:
Hart Publishing
Pages:
285-323 (with T Akkouh)
Published Date:
Oct 2006
"Proprietary Remedies and Insolvency Policy: The Need for a New Approach" in J Lowry and L Mistelis (eds), Commercial Law: Perspectives and Practice (Lexis-Nexis/Butterworths), pp. 191-205
Publisher:
Lexis-Nexis/Butterworths
Pages:
191-205
Published Date:
Oct 2006
"‘The Disappearing Divide Between Property and Obligation: The Impact of Aligning Legal Analysis and Commercial Expectation" in S Degeling and J Edelman (eds), Equity in Commercial Law (Thompson), pp. 93-117 (reprinted in (2007) 42(3) Texas International Law Journal 917-939)
Publisher:
Thompson
Pages:
93-117 (reprinted in (2007) 42(3) Texas International Law Journal 917-939)
Published Date:
Oct 2005
"Aligning Commercial Law and Commercial Practice" in S Worthington, Commercial Law and Commercial Practice (Hart Publishing) (Ed), pp. (Ch 1)
Publisher:
Hart Publishing
Pages:
(Ch 1)
Published Date:
Oct 2003
"Equity: Property and Obligation" in P Cane and M Tushnet, The Oxford Handbook of Legal Studies (OUP) (Ed), pp. 80-98
Publisher:
OUP
Pages:
80-98
Published Date:
Oct 2003
"The Commercial Utility of the Trust Vehicle" in DJ Hayton, Extending the Boundaries of Trusts and Similar Ring-Fenced Funds (Kluwer) (Ed), pp. 135-162
Publisher:
Kluwer
Pages:
135-162
Published Date:
Oct 2002
"Justifying Claims to Secondary Profits" in EJH Schrage, Unjust Enrichment and the Law of Contract (Kluwer) (Ed), pp. 451-473
Publisher:
Kluwer
Pages:
451-473
Published Date:
Oct 2001
"Commercial Law: Confining the Remedial Boundaries" in DJ Hayton, Law’s Future(s): British Legal Developments in the 21st Century (Hart Publishing), pp. 281-312 (with Professor Sir Roy Goode QC)
Publisher:
Hart Publishing
Pages:
281-312 (with Professor Sir Roy Goode QC)
Published Date:
Oct 2000
"Passing of Property" in E McKendrick, Sale of Goods (Lloyd’s of London Press) (Ed), pp. 57-105
Publisher:
Lloyd’s of London Press
Pages:
57-105
Published Date:
Oct 2000
"Subrogation Claims on Insolvency" in F Rose, Insolvency and Restitution (Lloyd’s of London Press) (Ed), pp. 66-76
Publisher:
Lloyd’s of London Press
Pages:
66-76
Published Date:
Oct 2000
"The Pari Passu Principle and Ranking Restitutionary Rights" in F Rose, Insolvency and Restitution (Lloyd’s of London Press) (Ed), pp. 1-20 (with V Finch)
Publisher:
Lloyd’s of London Press
Pages:
1-20 (with V Finch)
Published Date:
Oct 2000
"Three Questions on Proprietary Restitution" in WR Cornish, R Nolan, J O’Sullivan and G Virgo (eds), Restitution Past, Present and Future: Essays in Honour of Gareth Jones (Hart Publishing), pp. 79-86
Publisher:
Hart Publishing
Pages:
79-86
Published Date:
Oct 1998
"The Duty to Monitor: A Modern View of the Director’s Duty of Care" in F Macmillan, Perspectives in Company Law: 2 (Kluwer) (Ed), pp. 181-202
Publisher:
Kluwer
Pages:
181-202
Published Date:
Oct 1997
"The Proprietary Consequences of Contract Failure" in F Rose, Failure of Contracts: Contractual, Restitutionary and Proprietary Consequences (Hart Publishing) (Ed), pp. 67-89
Publisher:
Hart Publishing
Pages:
67-89
Published Date:
Oct 1997
Book Reviews
Review Article: Interests in Goods (Review of Interests in Goods, N Palmer and E McKendrick (eds) (2nd edn, LLP, 1998)) (2000) 34 Canadian Business LJ 269-287
Published:
Oct 2000
Case Notes
‘Directors’ Duties and Improper Purposes’ (casenote on Eclairs Group Ltd v JKX Oil & Gas plc; Glengary Overseas Ltd v JKX Oil & Gas plc [2015] UKSC 71) [2016] CLJ 213-216
Published:
May 2016
