William Swadling, MA (Oxon), LLM (Lond) is Reader in the Law of Property and the Senior Law Fellow at Brasenose College. He chairs the faculty's teaching groups in Restitution and Personal Property. Before coming to Oxford, he held posts at a number of other universities, including University College London and Trinity College, Cambridge. He is the editor of a number of books, including The Quistclose Trust: Critical Essays. He is particularly interested in the intersection between trusts/property and restitution, and a number of his articles on this topic have been cited in the English courts, most notably in Westdeutsche Landesbank Girozentrale v Islington LBC  AC 669. He is a contributor to Halsbury's Laws of England (4th ed, reissue), and wrote the section entitled 'Property' in Burrows (ed), English Private Law (3rd ed, 2013). He is a founding editor of the Restitution Law Review and has held visiting professorships at the University of Hamburg, Seoul National University, the National University of Singapore, University of Paris II (Panthéon-Assas), and the University of Leuven. He is an academic associate at One Essex Court (chambers of Lord Grabiner QC), a Senior Fellow at the University of Melbourne, an elected member of the American Law Institute, and an academic member of the Chancery Bar Association.
- DOI: 10.1093/tandt/tts125It is a contentious question whether a profit made by a fiduciary in breach of duty is held by him on trust for his principal from the moment of its receipt, or whether the false fiduciary is only liable to be ordered by a court to pay over to the principal the amount of his gain. The argument made in this article is that the reasons for the finding by some courts of an immediate trust are unconvincing, and that the recent refusal of the English courts to do so is to be applauded.ISBN: 1752-2110ISBN: 2044-8422ISBN: 978-1-84113-927-2ISBN: 0143-6503ISBN: 1748-121XISBN: 0023-933XISBN: 978-019-922794-5ISBN: 9050955851ISBN: 0199206554ISBN: 455222088ISBN: 0023-933X