Amy Goymour - Böcker

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation’s interpretation and application has since generated many unanticipated problems which demand attention.In this book’s twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation’s interpretation and application has since generated many unanticipated problems which demand attention.In this book’s twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields.The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields.The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

This collection is the second volume of a two-part study exploring the role of policy and politics in shaping private law. Whilst the first volume examined equity, tort law and property law, the second volume focuses on contract, commercial and corporate law. Its chapters explore the challenging interface of policy and politics in areas including: contract interpretation; contractual discretions; consumer contracts; wrongful payments by banks; transnational commercial private law instruments, mistakes made by corporations; and the right to repair. This is a landmark and ambitious project which provides a rich exploration of policy-infused areas of private law, undertaken by a team of experts in their fields.