Staff Profile
Dr Derek Whayman
Lecturer in Law
- Email: derek.whayman@ncl.ac.uk
- Telephone: +44 191 208 4741
- Personal Website: https://whaymand.wordpress.com/
- Address: Newcastle Law School
Newcastle University
18-24 Windsor Terrace
Newcastle upon Tyne
NE1 7RU
I was appointed lecturer in May 2016, but I have been at Newcastle Law School since September 2013 when I started my PhD. I have taught at the University of Leeds. I took a Senior Status LLM at Leeds where I won the academic prize for the best SS LLM in my year.
My research interests are, broadly, equity and property law.
Research Interests
My research interests are, broadly, the doctrinal aspects of equity and property law. This draws in wider private law matters such as the law of contract, which interacts heavily with the equity. Equity is unusual in that we are seeing a vast number of doctrinal changes happening now. This can be contrasted with the law of contract whose major doctrines were settled in Victorian times. Accordingly, my research has been focused on the many unstable parts of equity.
I teach Equity & Trusts and the Law of Succession. I have previously taught Land Law, Contract Law, Legal Institutions and Method (LIM) and the Law of Secured Credit.
I am the author of Essential Cases: Equity & Trusts, published by Oxford University Press, now in its fourth edition.
I would be pleased to take PhD students in the field of property law, broadly construed, including (and not necessarily limited to) equity and trusts, succession and secured credit.
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Articles
- Whayman D. Working out the Priority Rules for Competing Claims to the Trustee’s Indemnity. Journal of Equity 2024, 17(3), 241-267.
- Gibbs-Kneller D, Gindis D, Whayman D. Not by Contract Alone: The Contractarian Theory of the Corporation and the Paradox of Implied Terms. European Business Organization Law Review (EBOR) 2022, 23, 573–601.
- Whayman D. Liability for Bribes and Secret Commissions at Common Law: Obsolete, Unnecessary and Probably a Fusion Fallacy. Conveyancer and Property Lawyer 2022, 2, 184-201.
- Whayman D. The Modern Rule of Releases. Legal Studies 2021, 41(3), 493-510.
- Whayman D. How leaseholds bought at cost, with mortgages, are still tenancies – and why that should change. The Conversation 2021.
- Whayman D. The Rectification (and Construction) of Computer-Generated Documents. King's Law Journal 2019, 30(3), 489-516.
- Whayman D. Property guardians face legal issues when taking landlords to court as law remains unclear. The Independent 2019.
- Whayman D. Old Issues, New Incentives, New Approach? Property Guardians and the Lease/Licence Distinction. Conveyancer and Property Lawyer 2019, 83, 47-54.
- Gibbs-Kneller D, Whayman D. How contractual terms determine fiduciary duties: a two-stage process. Northern Ireland Legal Quarterly 2019, 70(2), 241-262.
- Whayman D. Obligation and Property in Tracing Claims. Conveyancer and Property Lawyer 2018, 2018(2), 157-174.
- Whayman D. Equitable allowances or restitutionary measures for dishonest assistance and knowing receipt. Northern Ireland Legal Quarterly 2017, 68(2), 181-202.
- Whayman D. Remodelling knowing receipt as a gains-based wrong. Journal of Business Law 2016, 2016(7), 565-588.
- Whayman D. The limits of foreseeability and The Achilleas. Journal of International Maritime Law 2011, 17(5), 360–381.
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Conference Proceedings (inc. Abstracts)
- Whayman D. Personifying the Trust: Property, Fiduciary Obligations and the Trustee’s Indemnity. In: Society of Legal Scholars' Annual Conference. 2023, Oxford Brookes University. Submitted.
- Whayman D. Personifying the Trust: Property, Fiduciary Obligations and the Trustee’s Indemnity. In: Trusts, Wealth Management and Philanthropy Conference 2023. 2023, Singapore Management University. Submitted.
- Gibbs D, Gindis D, Whayman D. Not by contract alone: Why corporate law & governance cannot be privatised. In: Herts Corporate Governance Workshop. 2023, Hatfield.
- Whayman D. Liberal Property by Design: How and When the Trust was Made so. In: KCL School of Law Staff Seminar. 2023. In Preparation.
- Whayman D. A Legal Realist’s Guide to the Limitation of Trust Claims and What it Means for the Structure of Trust Law. In: Society of Legal Scholars' Annual Conference. 2022, King's College London.
- Whayman D. The Modern Rule of Releases. In: Society of Legal Scholars' Annual Conference. 2021.
- Whayman D. The Transformation of Equitable Tracing. In: Staff Seminar. 2019, Melbourne University.
- Whayman D. Justifying Tracing from Trust Custodianship of Property. In: Modern Studies in Property Law Workshop. 2019, Keele.
- Whayman D. The Rectification (and Construction) of Computer-Generated Wills. In: Society of Legal Scholars Conference. 2018, London. In Preparation.
- Whayman D. What Next for Tracing after the Decline of Formalism?. In: Modern Studies in Property Law Workship 2017. 2017, Queens' College, Cambridge.
- Gibbs D, Gindis D, Whayman D. Not by Contract Alone: The Contractarian Theory of the Corporation and the Paradox of Implied Terms. In: WINIR Conference on Institutions & Open Societies. 2017, Utrecht, Netherlands. In Preparation.
- Whayman D. A New Trichotomy of Equity. In: Society of Legal Scholars Conference. 2016, Oxford: Society of Legal Scholars.
- Whayman D. Election Between Inconsistent Remedies in Three-Party Cases. In: Society of Legal Scholars. 2015, York, UK.
- Whayman D. The Evolution of Knowing Receipt. In: Society of Legal Scholars Annual Conference. 2014, Nottingham: Society of Legal Scholars.
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Notes
- Whayman D. Lapome Ltd v Kemp: More Questions than Answers regarding Tracing into Mixtures. Law Quarterly Review 2024, 140(1), 6-11.
- Whayman D. More Clues as to the Nature of the Remedy for Breach of Trust: Creggy v Barnett [2016] EWCA Civ 1004; [2017] P.N.L.R. 4. Conveyancer and Property Lawyer 2017, (2), 139-146.
- Whayman D. Proprietary remedy confirmed for bribes and secret commissions. Conveyancer and Property Lawyer 2014, 518–525.
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Online Publication
- Whayman D. Property guardians live in legal limbo – despite new law to protect tenants from exploitation. London: The Conversation, 2019. Available at: https://theconversation.com/property-guardians-live-in-legal-limbo-despite-new-law-to-protect-tenants-from-exploitation-114943.
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Review
- Whayman D. The Law of Tracing. By Mohammud Jaamae Hafeez-Baig and Jordan English. [Alexandria, NSW: The Federation Press, 2021]. Cambridge Law Journal 2022, 81(3), 684-687.