Rationalising Proprietary Remedies: Are We All Formalists Now?
The task of determining the proper scope of the law of proprietary remedies has been described as the most difficult undertaking facing those seeking to rationalise the law of restitution. This lecture by Craig Rotherham explores the objections raised against justifying proprietary relief on the basis of whether its consequences in insolvency are deserved and asks whether, like it or not, we can really avoid a significant level of engagement with policy if debate in this area is to be rational.
Craig Rotherham is Professor of Law at the University of Nottingham.




