Equity: 150 Years After the Judicature Reforms - Programme
Friday 1st and Saturday 2nd April 2022
Conference participants may also be interested in attending the inaugural lecture of Professor Ben McFarlane – “The Persistence of Equity: Lessons from the Trust” – which will be held in the Gulbenkian Lecture Theatre, Faculty of Law (and online) at 5pm on 31st March 2022.
Friday 1st April: Garden Auditorium, St John’s College, Oxford
8.30am Registration and tea and coffee in the Garden Foyer
9 am: Welcome and Introduction
Session 1: Chair: Ben McFarlane (University of Oxford)
9.10am: Justice Edelman (High Court of Australia)
– “Equitable Damages: The Endgame”
9.50am: Simone Degeling (University of New South Wales)
– "Certainty of Loss of Chance in Equity"
10.20am: Matthew Conaglen (University of Sydney)
– “Judicature and Accounts”
10.50am: Tea and Coffee
Session 2: Chair: Andrew McLeod (One Essex Court)
11.15am: Hanoch Dagan (Tel-Aviv University) and Irit Samet (King’s College London)
– “The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime”
11.45am: Simon Douglas (University of Oxford)
– "Wasting Away: Devastavit and the Judicature Acts"
12.15pm: David Fox (University of Edinburgh)
– "Trusts in a 'monist' Judicature system"
12.45pm: Lunch
Session 3: Chair: Dame Sarah Worthington QC (Hon) (University of Cambridge)
1.50pm: Paul Davies (University College London)
– “The Power to Grant Injunctions”
2.20pm: John McGhee QC (Wilberforce Chambers)
– "When are negotiating damages available?"
2.50pm: Tea and Coffee
Session 4: Chair: Birke Haecker (University of Oxford)
3.10pm: Alexandra Popovici (Université de Sherbrooke) and Lionel Smith (McGill University)
– “equity is a Single Thing"
3.40pm: Henry Smith (Harvard University)
– The problems arising from assuming Equity must operate in a similar way to the common law
4.10pm: Tea, Coffee and Cake
4.30pm: Break
Session 5: Chair: Steven Elliott QC
5.15pm: Justice Newbury (Court of Appeal of British Columbia)
– “Dishonesty and Unconscionability in Contractual Performance: A Role for Equity?”
5.55pm: Lord Briggs (Supreme Court, UK)
– “Loose Ends in Accounting for Profits"
6.35pm: Pre-Dinner Drinks
7.05pm: Conference Dinner (Hall of St John’s College)
Saturday 2nd April: Garden Auditorium, St John’s College, Oxford
8.45am Tea and coffee in the Garden Foyer
Session 6: Chair: Charles Mitchell QC (Hon) (University College London)
9.15am: Jessica Hudson (University of New South Wales)
– “Equity’s Gloss on Authority"
9.45am: Steven Elliott QC (One Essex Court)
– “The Basic Structure of Rescission"
10.15am: Yip Man (Singapore Management University)
– “Equity in Commerce: Too Much and Too Little?”
10.45am: Tea and Coffee
Session 7: Chair: Lord Sales (Supreme Court, UK)
11.15am: Chee Ho Tham (Singapore Management University)
– "Section 25(6) of the Supreme Court of Judicature Act 1873 and its Use of Procedural Means to Achieve Substantive Results"
11.45am: Aruna Nair (University of Oxford)
– “Equity and the Land Registration Act 2002: Form, Conscience, and the Judiciary”
12.15pm: Magda Raczynska (University College London)
– What role, if any, should equitable interests play in a codified system of security rights?
12.45pm: Lunch
Session 8: Chair: Lord Burrows (Supreme Court, UK)
2pm: Janet O’Sullivan (University of Cambridge)
– “Specific Performance and the Reflective Loss Rule”
2.30pm: William Swadling (University of Oxford)
– “The Mischief of Maxims”
3pm: John Mee (University College Cork)
– The concept and role of unconscionability in modern Equity
3.30pm: Closing tea, coffee and cake
4pm: Conference ends
Note this is a provisional programme and subject to change. Whilst we will have the assistance of a specialist remote events provider, no responsibility is taken for any technical difficulties beyond our reasonable control which may affect remote participation.
Conference organisers: Ben McFarlane and Steven Elliott QC