Books written by Rebecca Probert

Moffat's Trusts Law 6th Edition: Text and Materials

Nevertheless, in Barca v Mears [2005] EWHC 2170, Strauss J, whilst accepting that in the general run of cases the creditor's interests will outweigh all other considerations (as they did in the case itself), suggested that a shift in ...
Law and Society in England 1750-1950

M Freeman, R Pearson and J Taylor, Shareholder Democracies? Corporate Governance in Britain and Ireland Before 1850 (University of Chicago Press, 2012). J Foreman-Peck and L Hannah, 'Extreme Divorce: The Managerial Revolution in UK ...
Great Debates in Family Law

67 L. Arnault, 'Cruelty, Horror, and the Will to Redemption' (2003) 18 Hypatia 155. ... 78 M. Hester, C. Pearson and N. Harwin, Making an Impact – Children and Domestic Violence: A Reader (Jessica Kingsley, 2007).
Trusts Law: Text and Materials

Compare Fox J's and Lord Russell's analysis of the consequences of the power of accumulation with that of Viscount Dilhorne: Pearson v IRC [1979] 1 All ER 273 at 281 Fox]: The position as to the trustees' power of accumulation, ...
Trusts Law: Text and Materials

Lord Wilberforce then referred to passages in Lord Upjohn's speech extracted above at p 221. [Lord Upjohn's] reference to defeating 'the intention of donors completely' shows that what he is concerned with is to point to the contrast ...
Moffat's Trusts Law: Text and Materials

Upjohn's opinion. I would venture to amplify this by saying that the court, if called on to execute the trust power, will do so in the manner best calculated to give effect to the settlor's or testator's intentions.
Great Debates in Family Law

59 [2001] 1 FLR 495, at 501, representing a move away from a more negative approach to such orders in earlier case-law: see e.g. Riley v Riley [1986] 2 FLR 429; Re H (A Minor) (Shared Residence) [1994] 1 FLR 717: 'it must be an order ...
Moffat's Trusts Law: Text and Materials

This modification is still more evident in two controversial recent cases: T Choithram International SA v Pagarani [2001] WLR 1 (PC) and Pennington v Waine [2002] EWCA Civ 227, [2002] 1 WLR 2075 (discussed in section 2(c)(4) of this ...
The Changing Legal Regulation of Cohabitation: From Fornicators to Family, 1600-2010

Morgan (1869) LR 1 P 8( D 644, p. 647. See also McCord v. McCord, Ogle and Coxon (1875) LR 3 P 8: D 237, commenting on how rare it was for the court to grant a decree to an adulterous petitioner. 275 See e.g. Whitworth v.
Great Debates in Family Law

This has led David Morgan to argue that although we may not be able to define what a family is, we can identify what 'family practices' are.38 Waite LJ in Fitzpatrick v Sterling Housing Association Ltd39 provided judicial support for ...
Moffat's Trusts Law

One source of the tension referred to by Lord Goff was to be found in one of the core arguments advanced on behalf of the bank and based on the law of restitution. Before considering the particular argument advanced in the case it is ...
Family and Succession Law in England and Wales

Kiernan, K. & K. Smith. 'Unmarried Parenthood: New Insights from the Millennium Cohort Study'. Population Trends 114 (Winter 2003): 26. Lowe, N. 'The Allocation of Parental Rights and Responsibilities – The Position in England and ...
Law and Society in England 1750-1950

247 Seddon v Seddon and Doyle (1862) 2 Sw & Tr 640. 248See in particular, Lord Cairns in Symington v Symington (1875) LR 2 HL (Sc) 415, who stressed the importance of affording access to both parents where other circumstances allowed.
Tying the Knot: The Formation of Marriage 1836–2020

14 An impulsive couple is united at the register office in Mrs Oliphantʼs Hester (1883), while Conan Doyle features an unsuitable wedding in ʻThe Boscombe Valley Mysteryʼ in The Adventures of Sherlock Holmes (1891) (ʻwhat does the idiot ...
Marriage Law and Practice in the Long Eighteenth Century: A Reassessment

60 It should, however, be noted that, in contrast to marriages by banns, the fact that the true names were not used did not affect the validity of a marriage by licence: see e.g., Cope v. Burt (1809) 1 Hag. Con. 434; 161 ER 608; Ewing, ...
Fifty Years in Family Law: Essays for Stephen Cretney

His writing has always been a model of elegance and erudition. Even had the essays in this book not been written in his honour they would inevitably have had to rely heavily on his work.
Landmark Cases in Family Law

This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.
Great Debates in Family Law

J. Herring, Caring and the Law (Hart Publishing, 2013). J. Herring, Relational Autonomy and Family Law (Springer, 2014). L. Trinder, A. Firth and C. Jenks, '“So Presumably Things Have Moved on Since Then?
Family and Succession Law in England and Wales

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and ...
Principles of Family Law

As the leading textbook on this subject for the last 30 years, Cretney's Principles of Family Law: Provides discussions of legal principles combined with authoritative discussion of policy, practice issues...