| |
|
The Defence of Change of Position in English and Singaporean Unjust Enrichment Law
|
|
 |
Professor Duncan Sheehan
School of Law
University of Leeds
|
|
|
SYNOPSIS
The defence of change of position was introduced by the House of Lords in Lipkin Gorman v Karpnale [1991] 2 AC 541 where it was said there would be a defence to a claim in unjust enrichment that the defendant had so changed their position in good faith in reliance on the receipt of the asset that it would be unconscionable or unfair to require him to make restitution. This seminar examines the course of those developments and asks where we are today in English and Singaporean law. It also examines the relationship between the defence and other similar defences such as estoppel providing a practical guide to the most significant defence in this important area of law and what Singaporean law can learn from the experience in England – and vice versa.
There are a number of different practical issues which the seminar will address. First, to what causes of action is change of position a defence? It is often assumed that change of position is a defence to all unjust enrichment claims and no others. It is also said that wrongdoers cannot take advantage of the defence, but in Singapore Cavenagh Investments Pte Ltd v Rajiv [2013] SGHC 45 made it clear that the law should nor rigidly exclude wrongdoers in all cases. It is also not obvious that all unjust enrichment claims can be met with the defence – failure of consideration arguably cannot be met with the defence (Haugesund Kommune v Defra ACS Bank [2010] EWCA Civ 579), nor can duress or actual undue influence. Secondly, is it necessary for the defendant to expressly rely on the receipt to take advantage of change of position as in Australia (Citigroup Pty v NAB [2012] NSWCA 381), or might it suffice if the defendant does not rely on the receipt but the thing or money transferred is stolen from him? The final issue is whether non-disenriching changes of position should count.
ABOUT THE SPEAKER
Duncan Sheehan joined the University of Leeds in January 2016 after 14 years at the University of East Anglia, where he was, successively, lecturer and senior lecturer in law and finally Professor of Commercial Law.
He is a graduate of Oxford University where he completed his doctorate on payments by mistake of law under the supervision of the late Professor Birks. He is interested in trusts and personal property law, especially secured transactions law. He is also interested in the law of unjust enrichment, and examines many of the issues involved from a comparative perspective, looking particularly at the mixed jurisdictions: Scotland and South Africa.
Duncan is a member of the Society of Legal Scholars Executive Committee, a member of the Secured Transactions Law Reform Project, and an academic member of the Chancery Bar Association. He is also a member of two Advisory Groups for respectively the English Law Commission’s Bills of Sale Project and the City of London Law Society’s Secured Transactions Code Project and was a Distinguished Visiting Fellow at the TC Beirne School of Law, University of Queensland in March and April 2014.
FEES
a. Seminar fee
Seminar fee of S$200* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$180* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$180* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 24 July 2019.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
|
|
 |
|
Registration closes on 24 July 2019, subject to availability of seats.
|
DATE
31 July 2019 (Wednesday)
|
| |
|
TIME
2:30 PM - 5:45 PM
(Registration starts from 2:15 PM)
|
| |
VENUE
Singapore Management University
|
| |
PUBLIC CPD POINTS
3 points (provided SILE's CPD Attendance Policy is complied with)
|
| |
PRACTICE AREA
Corporate/ Commercial
|
| |
TRAINING LEVEL
General
|
| |
SERIES
|
| |
LOCATION MAP
Click HERE for map
|
| |
PROGRAMME
|
| 2:15 PM |
Registration |
| |
|
| 2:30 PM |
Seminar (Part 1) commence |
| |
|
| 4:00 PM |
Tea Break |
| |
|
| 4:15 PM |
Seminar (Part 2) commence |
| |
|
| 5:45 PM |
End of Event |
|
|
|
|
ABOUT THE SMU LAW ACADEMY
The SMU Law Academy (previously known as CLE) has an established track record of providing the legal profession with high quality seminars and other opportunities to remain fully informed about contemporary legal developments in Singapore and beyond. Its carefully curated listing of seminars is developed with the profession’s multi-faceted needs in mind and meets the requirements of the CPD scheme. The Academy also administers the Auditing Scheme which enables members of the legal profession to consolidate and upgrade their understanding of the law by auditing courses in the School’s LL.B., J.D. and LL.M. programmes. For an overview of upcoming SMU Law Academy events, please click here.
ABOUT THE SILE'S CONTINUING PROFESSIONAL DEVELOPMENT SCHEME
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.
To subscribe/ unsubscribe from The SMU Law Academy mailing list, please click here.
|
|
