Brian Sloan

University of Cambridge, Law, Faculty Member

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2021- Assistant Professor in Property Law, Faculty of Law, University of Cambridge
2012- (College Lecturer &) Fellow, Robinson College, Cambridge
2009-12 - Bob Alexander College Lecturer & Fellow, King's College, Cambridge
2007-10 - PhD Candidate, Gonville & Caius College, Cambridge (W.M. Tapp Student 2007-09)
2006-07 - LLM, Robinson College, Cambridge (First Class)
2003-06 - BA Law, Robinson College, Cambridge (Ranked 2nd in Part II of the Law Tripos)
Supervisors: Dr J.M. Scherpe and Professor K.J. Gray
Phone: +44 (0)1223 339100
Address: Robinson College
Cambridge
CB3 9AN

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Jens M. Scherpe

University of Cambridge

ELENA BARGELLI

Nuria Gonzalez Martin

Universidad Nacional Autónoma de México

Lina (Triantafyllia) Papadopoulou / Λίνα Παπαδοπούλου

Aristotle University of Thessaloniki

Emilia Miscenic

Faculty of Law, University of Rijeka

Ivana Kunda

Faculty of Law, University of Rijeka

Leandro Reinaldo da Cunha

UFBA - Federal University of Bahia

Kathleen Gutman

Adrián Arrébola Blanco

Universidad Complutense de Madrid

Jordi Ribot Igualada

University of Girona

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Papers by Brian Sloan

The Legal Status of Transsexual and Transgender Persons

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Death, Lies, and Land Registration

Modern Studies in Property Law, 2019

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The Late Applicant Won't Always Catch the Worm

A note on Waudby v Aldhouse [2016] EWFC B63.

The Late Applicant won't Always Catch the Worm

Delay, changing fortunes and the financial consequences of divorce in England and Wales

Reversing Testamentary Dispositions in Favour of Informal Carers

The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland

Caring and the law [Book Review]

Journal of Social Welfare and Family Law, 2015

The Children Act. By Ian McEwan [London: Jonathan Cape, 2014. 216 pp. Hardback £16.99. ISBN 978-0224101998.]

The Cambridge Law Journal

Constructive and Resulting Trusts by Charles Mitchell

The Cambridge Law Journal

Adoption Decisions in England: Re B (A Child) (Care Proceedings: Appeal) and Beyond

This is the author accepted manuscript. It is currently under infinite embargo pending publicatio... more

Fostering and Adoption as Means of Securing Article 6 Rights in England

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"Trusts and Anti-Avoidance under the Care Act 2014"

"Adult Social Care and Property Rights"

"Contractualisation of Family Law in England and Wales" (with Jens M Scherpe)

Die gleichgeschlechtliche Ehe in England und Wales

Das Standesamt (StAZ) 136 (2014)

"Post-Adoption Contact Reform: Compounding the State-Ordered Termination of Parenthood?"

[2014] CLJ 378

College Lecturer and Fellow, Robinson College, Cambridge.The Children and Families Act 2014 pursu... more College Lecturer and Fellow, Robinson College, Cambridge.The Children and Families Act 2014 pursues the twin policies of increasing the number of children adopted out of compulsory state care and reducing the scope for court-ordered contact between such children and their birth families. Building upon previous work by Dr. Kirsty Hughes and me, this paper critically evaluates these reforms to post-adoption contact in view of the fact that adoption terminates the legal relationship of parent and child. Aspects of the analysis include the impact of the proposals on “open adoption” and child welfare in the light of the available empirical evidence, and their compatibility with both the European Convention on Human Rights and the UN Convention on the Rights of the Child.

"Keeping Up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner' Scenarios"

This paper considers the influence of the Supreme Court decision in Jones v Kernott on subsequent... more This paper considers the influence of the Supreme Court decision in Jones v Kernott on subsequent cases. It focuses on situations with which Jones was not directly concerned, namely where there is only one legal owner of a home and a non-legal-owning cohabitant seeks to establish that he has an equitable interest in it under a common intention constructive trust. The paper argues that while judges have mostly accepted that Jones is relevant to such sole-owner cases, they have had few opportunities (and taken fewer) to move beyond the restrictive approach of Lloyds Bank plc v Rosset and allow novel outcomes in the light of Jones as yet. It is contended that this state of affairs could ultimately produce a conservative approach that is undesirable for cohabitants who make indirect or non-financial contributions to shared lives, and remain without comprehensive statutory property and financial provision on relationship breakdown.

Loving but Potentially Harmful Parents in the Supreme Court

[2014] CLJ 28

UNMARRIED FATHERS AND THE FRUSTRATION OF FAMILY LIFE

The Legal Status of Transsexual and Transgender Persons

Download

Death, Lies, and Land Registration

Modern Studies in Property Law, 2019

Download

The Late Applicant Won't Always Catch the Worm

A note on Waudby v Aldhouse [2016] EWFC B63.

The Late Applicant won't Always Catch the Worm

Delay, changing fortunes and the financial consequences of divorce in England and Wales

Reversing Testamentary Dispositions in Favour of Informal Carers

The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland

Caring and the law [Book Review]

Journal of Social Welfare and Family Law, 2015

The Children Act. By Ian McEwan [London: Jonathan Cape, 2014. 216 pp. Hardback £16.99. ISBN 978-0224101998.]

The Cambridge Law Journal

Constructive and Resulting Trusts by Charles Mitchell

The Cambridge Law Journal

Adoption Decisions in England: Re B (A Child) (Care Proceedings: Appeal) and Beyond

This is the author accepted manuscript. It is currently under infinite embargo pending publicatio... more

Fostering and Adoption as Means of Securing Article 6 Rights in England

Download

"Trusts and Anti-Avoidance under the Care Act 2014"

"Adult Social Care and Property Rights"

"Contractualisation of Family Law in England and Wales" (with Jens M Scherpe)

Die gleichgeschlechtliche Ehe in England und Wales

Das Standesamt (StAZ) 136 (2014)

"Post-Adoption Contact Reform: Compounding the State-Ordered Termination of Parenthood?"

[2014] CLJ 378

"Keeping Up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner' Scenarios"

Loving but Potentially Harmful Parents in the Supreme Court

[2014] CLJ 28

UNMARRIED FATHERS AND THE FRUSTRATION OF FAMILY LIFE

Vince v Wyatt: Striking it Rich and Striking Out an Ex-wife's Claim

The recent Supreme Court decision in Vince v Wyatt aroused much media interest because it allowed... more The recent Supreme Court decision in Vince v Wyatt aroused much media interest because it allowed an ex-wife to proceed with a financial claim against her ex-husband, who became a millionaire years after they divorced.

The judgement is available at http://www.bailii.org/uk/cases/UKSC/2...

In this video Dr Brian Sloan describes the reasoning behind the decision focusing on the limits of what has actually been decided by the Supreme Court. He also analyses the possible implications of the case for other couples.

Dr Sloan is College Lecturer in Law at Robinson College, University of Cambridge, and lectures in Family Law.

"The Legal Status of Transsexual and Transgender Persons in Ireland"

Informal Carers and Private Law: A Legitimate Combination?

Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide sub... more Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. Drawing on his recent book, Informal Carers and Private Law, Dr Sloan will consider the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the perceived need for savings in public expenditure. Adopting a comparative approach covering England and Wales and several other common law jurisdictions, Dr Sloan will explore the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. In considering the potential for expansion of a "private law" approach for carers, he will address the fundamental and controversial question of the price of altruism.

Re J - Uncertain Perpetrators in Child Protection Cases

In Re J (Children) [2013] UKSC 9 the Supreme Court considered a child protection case involving a... more In Re J (Children) [2013] UKSC 9 the Supreme Court considered a child protection case involving a mother who had previously been suspected of causing significant harm to her child, and was now looking after different children in a new relationship. In this video, I discuss the implications of the case and analyses the Court's attempts to balance non- intervention into family life with child protection.

Keeping Up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner' Scenarios

Informal Care and Private Law: Governance or a Failure Thereof?

The provision of care for elderly and disabled people is an issue of enormous public importance, ... more The provision of care for elderly and disabled people is an issue of enormous public importance, particularly in the context of an ageing population. There is currently much discussion, in the light of the UK Government's attempts to implement an approximation of the Dilnot Commission's recommendations (Commission on Funding of Care and Support, Fairer Care Funding (2011)), about the provision of formal care for those who require it and how it should be funded. But care recipients, and ultimately wider society, continue to rely heavily on care provided informally (ie in the absence of a legal duty) in the home. Many of the people providing such care suffer significant financial and health-related disadvantages as a result of their responsibilities, though in principle some are able to seek (in addition to limited support from the state) a form of 'compensation' from their care recipients via a private law claim.

This paper asks whether private law remedies for carers, such as those remedies identified and to an extent advocated in the author's recent monograph, Informal Carers and Private Law (Oxford, Hart Publishing, 2013), are inevitably related to an inadequacy of state support for carers and care recipients and a failure properly to grapple with the issue of care on the part of Government and society. It evaluates the alternative proposition that such remedies are normatively appropriate irrespective of the level of state provision of care or state support for informal carers.