Newcastle Law School

Staff Profile

Dr Derek Whayman

Lecturer in Law

Background

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

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, such as account of profits for dishonest assistance and knowing receipt, the nature of the remedy for knowing receipt and the nature of tracing. My doctoral thesis, 'The Decline of the Axiomatic Method in Equity' concerned how equitable obligations have been recast as simple duties, rather than highly technical and regimented forms of liability such as 'fiduciary disabilities'. I plan to broaden it and turn it into a monograph about the nature of equity emerges in its core principals and reasoning style. This fits in with my disdain for 'equitable mysticism' - the excessively technical and opaque language traditionally used.

My current projects include examining how contract terms interact with fiduciary duties (with Dr David Gibbs), how the 1970s/80s era laws of the rectification and construction of wills are unsuited to modern will-writing where the will is generated by computer, the equity of exoneration and the nature of ademption.

Teaching

I teach Equity & Trusts, Land Law. and the Law of Succession. I have previously taught Contract Law and Legal Institutions and Method.

I am the author of Essential Cases: Equity & Trusts, published by Oxford University Press.

Publications