The Perils of Misusing Property Concepts in Contractual Analysis

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Authors: Kelvin Fatt Kin Low
Cited by: 2

Abstract

<span>In <i>Your Response Ltd v Datateam Business Media Ltd</i> [2014] EWCA Civ 281, the English Court of Appeal rejected the possibility of a lien over an electronic database as security for unpaid fees, even as Moore-Bick LJ expressed great attraction to the analogy between practical control and possession. In so doing, it overturned the decision of the trial judge even though Moore-Bick LJ expressed "some symptahy" for that outcome. Whilst the court's reasoning in respect of whether there could be property rights over electronic databases demonstrates remarkable caution and care, it would appear that the property analysis distracted the court from a simpler contractual analysis that would have led to precisely the trial judge's outcome.</span>

Fields of Study & Subjects

Legal principles and applications Law Economics and Judicial Systems European and International Contract Law

Publication details

Journal / source
SSRN Electronic Journal
Publisher
Elsevier BV
Volume
130
Pages
547
Publication date
1 January 2026
Language
EN
Document type
Preprint