Great stuff! But to be clear the Oxford ODG is not primarily an email list, it’s one of about 30 subject-specific faculty “discussion groups”, which meet regularly in Oxford during
term and have recently gone online because of the pandemic. The name reflects the style of the other discussion groups (which include a very successful Jurisprudence Discussion Group, Property Law Discussion Group, Medical Law and Ethics Discussion Group etc).
I think it was set up in around 2010/2011, after the Obligations V conference in Oxford, though there was an earlier discussion group covering private and commercial law.
All best
Donal
From: Neil Foster <neil.foster@newcastle.edu.au>
Sent: 19 May 2021 03:19
To: Lionel Smith, Prof. <lionel.smith@mcgill.ca>; ODG <obligations@uwo.ca>
Subject: Re: ODG called to action
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
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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