Senior Lecturer in Private Law

Director of Undergraduate Studies

LLB (Hons) (Edin); MSc (Research) (Edin); PhD (Cantab)
View my full research profile

  • Tel: +44 (0)131 650 2804
  • Email: dan.carr@ed.ac.uk
  • Office and Feedback Hours for current students:
    Wednesdays, 11am–12pm

Biography

I joined the School of Law in August 2011 having read for my LLB and MSc by research at the School of Law. In 2010 I was awarded my doctorate ‘Equity in Scots Law’ by the University of Cambridge, having been supervised by David Ibbetson and Graham Virgo. In 2009 I was also Neil Walker’s research assistant for his report into final appellate jurisdiction in Scotland. Between 2009-2011 I was a lecturer at the University of Dundee where I taught Legal Method and Systems; Administrative Law, Scottish Property Law; English Law of Land, Trusts and Equity; Commercial Law and Criminal Law. I have also taught on a number of summer schools to encourage access to law at university, and spent a number of months as a visiting researcher at the Max Planck Institute for International and Comparative Private Law as part of an exchange with the University of Cambridge, and was associated with Professor Reinhard Zimmermann’s group.

Websites

Dr Can Carr's Homepage at Edinburgh Law School

Biography

I joined the School of Law in August 2011 having read for my LLB and MSc by research at the School of Law. In 2010 I was awarded my doctorate ‘Equity in Scots Law’ by the University of Cambridge, having been supervised by David Ibbetson and Graham Virgo. In 2009 I was also Neil Walker’s research assistant for his report into final appellate jurisdiction in Scotland. Between 2009-2011 I was a lecturer at the University of Dundee where I taught Legal Method and Systems; Administrative Law, Scottish Property Law; English Law of Land, Trusts and Equity; Commercial Law and Criminal Law. I have also taught on a number of summer schools to encourage access to law at university, and spent a number of months as a visiting researcher at the Max Planck Institute for International and Comparative Private Law as part of an exchange with the University of Cambridge, and was associated with Professor Reinhard Zimmermann’s group.

Websites

Dr Can Carr's Homepage at Edinburgh Law School

Courses Taught

Comparative Property Law (LLM)

Property Law (Honours)

Succession and Trust Law (Ordinary) (Course Organiser)

The Law of Fiduciary Duties (Honours)

Trusts and Succession Law (Honours) (Course Organiser)

PhD Supervisees

Federico Russo  'The Enforcer of Trusts'

Books and Reports

Daniel Carr, Property, (W. Green, 2018)

Daniel Carr, Ideas of Equity, (Edinburgh Legal Education Trust, 2017)
Abstract: Equity has been little analysed in Scotland, partly, no doubt, due to the absence of the institutional split between 'law' and 'equity' found in England and other common-law systems. That absence can make the topic hard to grapple with, because it can be unclear what exactly is meant by 'equity' and by 'equitable rules'. Statements, such as Lord Cooper's that, in Scotland, 'law and equity have never been separated, and equity has tended to predominate', require clarification and contextualisation if they are to be property understood.Ideas of Equity is the first book on equity in Scotland, and on substantial equitable rules, since the final edition of Lord Kames's celebrated Principles of Equity in 1778. It seeks to examine the different understandings of equity which have been associated with different areas of private law. In particular, it considers how English rules have interacted with Scottish law. In a series of separate chapters, the text reviews the law of unjustified enrichment, trusts, constructive trusts, and fiduciary law, and explains how they have been formed and influenced by different understandings of equity. Each chapter charts the historical development from the early-modern period up to the present day, and considers how an understanding of equity which is sometimes shared with English law has affected the development of Scottish rules, and what this may imply for the future development of the law. The book begins with a general survey of the field and ends with an assessment of the nature and reach of equity in Scots law.

Daniel Carr, Property, (W. Green, 2014)

Articles

Daniel Carr, 'Andreas Rahmatian, Lord Kames: Legal and social theorist', (2017), Edinburgh Law Review, Vol 21, pp 301–303

Gillian Black, Daniel Carr, 'Cohabitants’ rights in conflict: The Family Law (Scotland) Act 2006 vs unjustified enrichment in Courtney’s Executors v Campbell', (2017), Edinburgh Law Review, Vol 21, pp 293-300

Daniel Carr, 'John McGhee (ed), Snell's Equity, and Lynton Tucker, Nicholas Le Poidevin, and James Brightwell, Lewin on Trusts ', (2016), Edinburgh Law Review, Vol 20, pp 409–411

Daniel Carr, 'Reduction for forgery and equitable exceptions: Chalmers v Chalmers', (2016), Edinburgh Law Review, Vol 20, pp 235–238

Daniel Carr, '(D)EBTS, taxes and Rangers FC: The Advocate General for Scotland v Murray Group Holdings Ltd', (2016), Edinburgh Law Review, Vol 20, pp 217–223

Daniel Carr, 'Philosophical Foundations of Fiduciary Law. Eds Andrew S Gold and Paul B Miller Oxford: Oxford University Press ', (2015), Edinburgh Law Review, Vol 19, pp 291-293

Daniel Carr, 'Is there an Equitable Exception to Reduction for Forgery? ', (2015), Edinburgh Law Review, Vol 19, pp 273-280

Daniel Carr, 'Personal Injury and the Game of Golf: McMahon v Dear', (2015), Edinburgh Law Review, Vol 19, pp 259-263

Daniel Carr, 'Janet McLean, Searching for the State in British Legal Thought: Competing Conceptions of the Public Sphere ', (2014), Edinburgh Law Review, Vol 18, pp 457-59

Daniel Carr, 'English Influences on the Historical Development of Fiduciary Duties in Scottish Law ', (2014), Edinburgh Law Review, Vol 18, pp 29-58

Daniel Carr, 'Equity Stalling? ', (2014), Edinburgh Law Review, Vol 18, pp 388-95

Daniel Carr, 'Jacques du Plessis, The South African Law of Unjustified Enrichment ', (2013), Edinburgh Law Review, Vol 17, pp 102-04

Daniel Carr, 'Not Law (But Not Yet Effectively Not Law) ', (2013), Edinburgh Law Review, Vol 17, pp 370-76

Daniel Carr, 'Not Law ', (2012), Edinburgh Law Review, Vol 16, pp 410-14

Daniel Carr, 'Information Rights: Law and Practice (P Coppel QC)', (2011), Public Law Review, pp 153

Daniel Carr, 'Matthew Conaglen, Fiduciary Loyalty: Protecting the Due Performance of Non-Fiduciary Duties ', (2011), Edinburgh Law Review, Vol 15, pp 320-21

Daniel Carr, 'John Macdonald, Ross Crail and Clive Jones, The Law of Freedom of Information ', (2011), Edinburgh Law Review, Vol 15, pp 325-26

Daniel Carr, 'Tariq A Baloch, Unjust Enrichment and Contract ', (2010), Edinburgh Law Review, Vol 14, pp 530-32
Abstract: Book review.

Daniel Carr, 'Ben McFarlane, The Structure of Property Law ', (2010), Edinburgh Law Review, Vol 14, pp 342-43
Abstract: Book review.

Dan Carr, 'Validity of Freedom of Information Requests: Glasgow City Council v Scottish Information Commissioner', (2010), Edinburgh Law Review, Vol 14, pp 463-467

Daniel Carr, 'Equity Rising? Commonwealth Oil & Gas Co Ltd v Baxter ', (2010), Edinburgh Law Review, Vol 14, pp 273-80

Daniel Carr, 'Repairs, Refusals and Rejections ', (2007), Cambridge Law Journal, pp 498-500

Chapters

Daniel Carr, 'Lashley v Hog (1804) Forced heirship, and succession across borders' in Brian Sloan (ed.) Landmark Cases in Succession Law (Bloomsbury Publishing 2019)

Daniel Carr, 'Cryptocurrencies as property in civilian and mixed legal systems ' in David Fox, Sarah Green (ed.) Cryptocurrencies in Public and Private Law (Oxford University Press 2019)

Daniel Carr, 'Will-substitutes in Scotland ' in Alexandra Braun, Anne Rothel (ed.) Passing Wealth on Death (Hart Publishing 2016)

Daniel Carr, 'Preface ' in Henry Kames (ed.) Principles of Equity (Edinburgh Legal Education Trust 2013) v-li

Daniel Carr, 'Appendix II: Appeals to the Judicial Committee of the Privy Council ' in Final Appellate Jurisdiction in the Scottish Legal System (Scottish Government 2010)

Daniel Carr, 'Appendix III: Autonomy of Scottish Law ' in Final Appellate Jurisdiction in the Scottish Legal System (Scottish Government 2010)

Daniel Carr, 'Appendix IV: Statistical Information ' in Final Appellate Jurisdiction in the Scottish Legal System (Scottish Government 2010)

Daniel Carr, 'Appendix I: Historical Development of Appeals from Scotland ' in Final Appellate Jurisdiction in the Scottish Legal System (Scottish Government 2010)

Working Papers

Daniel Carr, 'An Iron Mind in an Iron Body: Lord Kames and His Principles of Equity' 2013
Abstract: Henry Home - better known by his judicial title Lord Kames - was an important figure in enlightenment Scotland. Kames published many books and essays across a variety of fields of knowledge. A substantial number of his publications related to his vocation as an advocate, and later a judge, in Scotland. This paper provides an introduction to Lord Kames' rich legal life, particularly the way it was shaped by his experience as a Scottish lawyer in eighteenth-century Edinburgh. The paper is an introduction to a reprint of the third edition of the Principles of Equity, part of the Old Studies in Scots Law series, published by the Edinburgh Legal Education Trust. One of Kames' most important legal works, the Principles of Equity subsequently achieved "institutional" status, that is to say it represents a formal source of law in Scotland. The Principles was the first systematic monograph treatment of equity in English, and contains a sophisticated analysis of the interaction of equity and common law in the abstract, and in relation to Scots law particularly. The paper considers Kames' historically informed account of an evolutionary development of equity, and its underlying justificatory premises, as set out in the Principles. The paper considers how lawyers, and others, in both Scotland and America, cited the Principles in reported cases and doctrinal writing, and how Kames' influence can be sketched through his legal and non-legal works. The final section of the paper considers Kames' subsequent reputation, noting the fluctuating respect accorded to Kames' works, including the Principles, by lawyers. The paper concludes that the on-going development of the meaning and relevance of institutional works in Scotland suggests that a renewed interest in Kames' critical approach is possible.