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Two postscripts to Lionel's last two postings (one apiece).

1/ There is a new English case on mixing in which Moore-Bick J considers the rules of English law relating to the passing of property in goods which are blended or commingled in a mixed bulk at some length: Glencore International AG v Metro Trading Inc, QBD (Comm Ct), 12 October 2000. He also investigates various conflict of laws issues, holding among other things that:

(a) as between the immediate parties to a contract under which goods are delivered by one party to the other, the passing of property is governed by the law of the place where the property is situated (the lex situs) rather than the intention of the parties as expressed in the contract (the proper law); and

(b) it remains an open issue whether the English courts should apply the doctrine of renvoi so as to apply the conflicts rules of the lex situs as well as its domestic rules of law, when considering rights to property in movables.

2/ The English Public Trustee Office was hauled over the coals not so long ago by the Select Committee for Public Accounts for the dire investment return they were getting on the (substantial) sums which they hold on behalf of assorted legally incapable persons. However, my guess is that any class action against them (assuming that such a thing were possible under the English procedural rules - I'm not up on this, so perhaps someone else might care to comment?) would find it tough to get past Nestle v Natwest Bank, which as far as I can see let's trustees do amazingly little for their beneficiaries - although a more recent NZ case, Re Mulligan, is tougher.

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Dr Charles Mitchell
Lecturer in Law
School of Law
King's College London
Strand
LONDON WC2R 2LS

tel: 020 7848 2290
fax: 020 7848 2465
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