Mr Adam Baker's Publications
‘Bruton, licensees in possession and a fiction of title’, The Conveyancer and Property Lawyer, 78.6 (2014), 495-506,
Reviews the theory underpinning a proposed reinterpretation of the House of Lords decision in Bruton v London & Quadrant Housing Trust. Notes the court's key findings and suggests why the principles involved in the reinterpretation, including that a root of title is consensual possession, and that licensees in possession have standing to claim in private nuisance and for recovery of the land because such actions are believed to defend only legal rights of possession, are unconvincing.
‘Recreational Privileges as Easements: Law and Policy’, Conveyancer and Property Lawyer, 2012.1 (2012), 37-54 (Accepted),
‘The Judicial Approach to 'Exceptional Circumstances' in Bankruptcy: The Impact of the Human Rights Act 1998’, Conveyancer and Property Lawyer, ed. by Dixon MJ, 2010.5 (2010), 352-368,
Reflects on the effect of the Human Rights Act 1998 on the "exceptional circumstances" test under the Insolvency Act 1986 ss.335A to 337 by which a court balances the competing claims of a bankrupt's creditors with those seeking to postpone the sale of the bankrupt's family home. Reviews the law governing the sale of a bankrupt's estate, the Chancery Division decision in Barca v Mears which considered the circumstances in which such a sale infringed the 1998 Act, and its application in subsequent case law. Argues that the courts are reluctant to directly address the questions raised in Barca.
‘Developers versus Protestors: Contractual Licensees and Possession Claims post Dutton’, in Modern Studies in Property Law: Vol 8 (Hart, 2015) (Accepted),
Commercial Property Agents and Conflicts of Interest, (Leeds, UK: University of Leeds, 2016),
Repository URL: http://eprints.whiterose.ac.uk/97720/