Thanks Lionel! This does indeed seem to be the first reference to our list (which, with due deference to our members from Oxford who have set up a list with a similar title
😊 , I is the “original” ODG) on BAILII. I see however there are two references on AUSTLII:
http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=&method=auto&query=%22obligations+discussion+group%22 . Only the second, from Peter Cane, is a reference to this group.
Regards
Neil
NEIL FOSTER
Associate Professor, Newcastle Law School
College of Human and Social Futures
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E: neil.foster@newcastle.edu.au
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From: "lionel.smith" <lionel.smith@MCGILL.CA>
Date: Wednesday, 19 May 2021 at 1:45 am
To: "obligations@uwo.ca" <obligations@uwo.ca>
Subject: ODG called to action
Speaking of equitable assignment.. the lengthy and complex judgment of Mr. Justice Foxton in
Serious Fraud Office v Litigation Capital Ltd [2021] EWHC 1272 (Comm), released today, includes ([222]ff) an analysis of the nature of the beneficiary’s interest in a common law trust, with
reference to whether a holder of rights can create multiple trust interests successively, creating a priority problem between them, or whether, having created one ‘equitable title’, that person is unable to create another one. The judge concludes:
[293] On the facts of this case, it is not necessary for me to resolve this question, and with some reluctance given the quality of the parties’ submissions on this issue, I have decided that the issue is
best left to the ruminations of the Obligations Discussion Group until such time as a decision on the point is necessary.
Also released today is a companion case,
Serious Fraud Office v. Hotel Portfolio II UK Ltd., [2021] EWHC 1273 (Comm), which contains the most through discussion I have seen in a judgment of ‘backwards tracing’ (tracing through
the payment of a debt).
Lionel