Property Rights in UK Law

Leading Cases
  • Oppenheimer v Cattermole
    • House of Lords
    • 05 Feb 1975

    But what we are concerned with here is legislation which takes away without compensation from a section of the citizen body singled out on racial grounds all their property on which the State passing the legislation can lay its hands and, in addition, deprive them of their citizenship. To my mind a law of this sort constitutes so grave an infringement of human rights that the Courts of this country ought to refuse to recognise it as a law at all.

  • Crabb v Arun District Council
    • Court of Appeal (Civil Division)
    • 23 Jul 1975

    If I may expand that, Lord Cairns said: "It is the first principle upon which all Courts of Equity proceed", that it will prevent a person from insisting on his strict legal rights — whether arising under a contract, or on his title deeds, or by statute — when it would be inequitable for him to do so having regard to the dealings which have taken place between the parties, see Hughes v. Metropolitan Railway (1877) 2 A.C. at page 448.

  • Foskett v McKeown
    • House of Lords
    • 24 May 2000

    If, as a result of tracing, it can be said that certain of the policy moneys are what now represent part of the assets subject to the trusts of the purchasers trust deed, then as a matter of English property law the purchasers have an absolute interest in such moneys. There is no room for any consideration whether, in the circumstances of this particular case, it is in a moral sense "equitable" for the purchasers to be so entitled.

    It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim.

  • Gissing v Gissing
    • House of Lords
    • 07 Jul 1970

    A resulting, implied or constructive trust—and it is unnecessary for present purposes to distinguish between these three classes of trust—is created by a transaction between the trustee and the cestui qui trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui qui trust a beneficial interest in the land acquired.

  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 May 2006

    Judgments in rem and in personam are judicial determinations of the existence of rights: in the one case, rights over property and in the other, rights against a person. When a judgment in rem or in personam is recognised by a foreign court, it is accepted as establishing the right which it purports to have determined, without further inquiry into the grounds upon which it did so.

    The purpose of bankruptcy proceedings, on the other hand, is not to determine or establish the existence of rights, but to provide a mechanism of collective execution against the property of the debtor by creditors whose rights are admitted or established.

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Books & Journal Articles
  • Intellectual property rights
    • Nbr. 25-1, March 2007
    • Library Hi Tech
    • 12-22
    Purpose: The purpose of this paper is to provide an overview of intellectual property justifications and the basics of intellectual property law. Design/methodology/approach: The paper examines in...
  • Dynamic property rights and the market process
    • Nbr. 5-3, November 2016
    • Journal of Entrepreneurship and Public Policy
    • 273-284
    Purpose: Clearly defined and enforceable property rights are commonly recognized as prerequisites to economic calculation and the market process. The purpose of this paper is to argue that when ent...
  • RENT SEEKING, CONFLICT and PROPERTY RIGHTS
    • Nbr. 36-4, November 1989
    • Scottish Journal of Political Economy
  • Management of intellectual property rights. Strategic patenting
    • Nbr. 2-1, March 2001
    • Journal of Intellectual Capital
    • 8-26
    This article reviews emergent global trends in intellectual property protection and identifies patenting as a strategic initiative. Recent developments in software and method‐of‐doing‐business pate...
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Law Firm Commentaries
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