Biography

Ben McFarlane is Professor of English Law and a Fellow of St John's College. He was an undergraduate and graduate law student at Oxford, and was a Fellow of Christ Church (1999-2003), St Peter's (2003-2004) and Trinity College (2004-2012) before joining UCL as a Professor of Law in 2012. He rejoined the Oxford Faculty of Law in 2019. He teaches in private law subjects, including Land and Trusts on the FHS course and Advanced Property and Trusts on the BCL/ MJur. He is happy to supervise graduate research students working on topics in property and/or trusts and equity.

His research focusses on the interaction of the law of property and the law of obligations, and he is particularly interested in the extent to which coherent principles can be extracted from the great mass of judicial decisions that make up the common law. He has explored this theme in books such as The Structure of Property Law (2009) and The Law of Proprietary Estoppel (2014) and is a co-author of books aimed at students as well as practitoners in the area of land law and trusts, such as Land Law: Text Cases and Materials (4th edn, 2018), Land Law: Core Text (2nd edn, 2020), Hayton and Mitchell's Text, Cases and Materials on the Law of Trusts & Equitable Remedies (14th edn, 2015) and is a contributing author of Snell's Equity (34th edn, 2020). He is also co-editor of Modern Studies in Property Law: vol 10 and is an Academic Member of the Chancery Bar Association and the Property Bar Association. He holds visiting appointments at the University of Paris II and the Melbourne Law School, where he is a Senior Fellow, and he is a Member of the International Advisory Panel on the American Law Institute's Restatment (Fourth) of Property.

Publications

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  • B McFarlane, The Law of Proprietary Estoppel (2nd edn OUP 2020)
    ISBN: 9780198814870
  • B McFarlane, S Nield and N Hopkins, Land Law: Core Text (2nd edn OUP 2020)
    ISBN: 9780198831877
  • B McFarlane, 'The Maxims of Equity; Fraud, Undue Influence and Unconscionable Transactions; Estoppel; Penalties and Forfeiture' in J McGhee and S Elliott (eds), Snell's Equity (34th edn) (Sweet and Maxwell 2020)
    Contributor responsible for Chapters 5, 8, 9, 12 and 13
    ISBN: 9780414071506
  • B McFarlane and R Stevens, 'What's Special about Equity? Rights about Rights' in Dennis Klimchuk, Irit Samet and Henry E Smith (eds), Philosophical Foundations of the Law of Equity (OUP 2020)
    ISBN: 9780198817659
  • B McFarlane, 'Form and Substance in Equity' in Andrew Robertson and James Goudkamp (eds), Form and Substance in the Law of Obligations (Hart Publishing 2019)
    ISBN: 9781509929450

Research projects

Research Interests

Property Law, Law of Obligations, Commercial Law, Equity and Trusts

Options taught

Land Law, Trusts, Advanced Property and Trusts

Research projects