Biography

Jordan is a Supernumerary Teaching Fellow in Law at St John's College Oxford. He currently teaches trusts and land at the undergradate level, and Commercial Remedies on the BCL/MJur, and previously has taught contract, tort, and Restitution of Unjust Enrichment. 

Jordan researches and publishes on all areas of private law. In particular, he is the co-author of The Law of Tracing (Federation Press, 2021)

In addition, Jordan is a DPhil Candidate at Magdalen College, Oxford. His doctoral research, which is being supervised by Professor Birke Häcker, is concerned with the nature of, and justification for, the discharge of contractual obligations in cases other than performance (i.e. following breach, frustration, and common mistake). The central argument is that all these instances of discharge can be explained by a single principle: failure of condition. For an outline of this claim in the context of discharge following breach, see J English, ‘The Nature of Promissory Conditions’ (2021) 137 Law Quarterly Review 630. 

Jordan is also a co-convenor of the Obligations Discussion Group and the General Editor of the Oxford University Commonwealth Law Journal

Jordan holds a Bachelor of Laws (Hons I, Medal) and a Bachelor of Commerce (Accounting) from the University of Queensland, and a Bachelor of Civil Law (Dist) from the University of Oxford. Before coming to Oxford he worked as a solicitor in dispute resolution at an international law firm and as an Associate to Justice James Edelman at the High Court of Australia. 

Publications

Recent additions

  • Mohammud Jaamae Hafeez-Baig and J English, The Law of Tracing (Federation Press 2021)
    The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as “what is tracing?” and “does tracing create new rights?”, while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject.
    ISBN: 9781760023065
  • J English, 'The Nature of Promissory Conditions' (2021) 137 Law Quarterly Review 630
  • J English and Mohammud Jaamae Hafeez-Baig, 'Tracing, Mixing, and Innocent Claimants' (2021) 84 Modern Law Review 593 [Case Note]
    Faced with the problem that arises where multiple innocent claimants have contributed to a mixed fund that is now insufficient to meet all of their claims, English and Australian courts have suggested three solutions: (i) the rule in Clayton's Case; (ii) the ‘simple pari passu’ approach; and (iii) the ‘rolling charge’ or ‘North American’ approach. In Caron v Jahani (No 2) the New South Wales Court of Appeal adopted a simplified version of the third solution: the ‘simplified rolling charge’ approach. In doing so, the Court demonstrated that once the rule in Clayton's Case is (rightly) discarded, what remains is not simply a binary choice between the second and third solutions. We argue that English courts should revisit their approach to the problem posed at the outset by jettisoning the rule in Clayton's Case and by adopting the simplified rolling charge approach.

Book (1)

Mohammud Jaamae Hafeez-Baig and J English, The Law of Tracing (Federation Press 2021)
The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as “what is tracing?” and “does tracing create new rights?”, while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject.
ISBN: 9781760023065

Journal Article (2)

J English, 'The Nature of Promissory Conditions' (2021) 137 Law Quarterly Review 630
Mohammud Jaamae Hafeez-Baig and J English, 'Common Law Tracing: The Emperor’s New Clothes?' (2018) 12 Journal of Equity 260
At the heart of the case for the unification of common law and equitable tracing rules is an assumption, namely, that common law tracing rules exist and are separate from equitable tracing rules. In this article we challenge the correctness of that assumption in Australian law. We demonstrate that as a matter of authority and principle, tracing at common law is not, and has never been, possible. The erroneous assumption began with a misreading of Taylor v Plumer. English courts have since recognised this error but have held, in effect, that it is now too late to turn back.We show that Australian law has not yet taken this step and offer several reasons why it should not do so. The position that obtains is that there are only equitable tracing rules in Australian law. We demonstrate that these rules are sufficient, noting in particular that the equitable rules can support certain actions for money had and received (as demonstrated by Heperu Pty Ltd v Belle). The result is not a unification of tracing rules but rather the removal of a historical anomaly based upon an error.

Case Note (1)

J English and Mohammud Jaamae Hafeez-Baig, 'Tracing, Mixing, and Innocent Claimants' (2021) 84 Modern Law Review 593 [Case Note]
Faced with the problem that arises where multiple innocent claimants have contributed to a mixed fund that is now insufficient to meet all of their claims, English and Australian courts have suggested three solutions: (i) the rule in Clayton's Case; (ii) the ‘simple pari passu’ approach; and (iii) the ‘rolling charge’ or ‘North American’ approach. In Caron v Jahani (No 2) the New South Wales Court of Appeal adopted a simplified version of the third solution: the ‘simplified rolling charge’ approach. In doing so, the Court demonstrated that once the rule in Clayton's Case is (rightly) discarded, what remains is not simply a binary choice between the second and third solutions. We argue that English courts should revisit their approach to the problem posed at the outset by jettisoning the rule in Clayton's Case and by adopting the simplified rolling charge approach.

Research projects

Research programmes

Research Interests

The law of obligations (broadly defined)

Options taught

Land Law, Trusts, Commercial Remedies

Research projects