Professor Lorna Fox O'Mahony, LLB, PhD, PGCHET
Professor Fox O'Mahony is happy to discuss proposals with those interested in studying for an MJur or PhD in doctrinal, theoretical or socio-legal aspects of property law. Please read the information here and feel free to contact her directly to arrange for advice on your draft proposal.
Lorna Fox O’Mahony is Professor of Law at Durham Law School. Lorna’s research applies policy-oriented, socio-legal and theoretical analyses to a range of property issues. Recent projects have included the role of cross-disciplinary and interdisciplinary research into home meanings for creditor possession actions; feminist perspectives on the meaning of home; social and moral aspects of legal regulation of unlawful occupation; the role of the legal concept of home in analysing law’s responses to the use of home equity by elderly homeowners and other financial transactions affecting the owned home; and socio-legal perspectives on the exclusion of asylum seekers and failed asylum seekers from housing and home.
Lorna’s work on the development of a legal concept of home is often cited as laying the foundations for new approaches to the idea of home in law, including giving content to rights to housing and home. Her first book, ‘Conceptualising Home: Theories, Laws and Policies’ (2006, Hart Publishing), which applies an inter-disciplinary socio-legal analysis to re-consider law’s response to disputes between secured creditors and the occupiers of domestic property in the contexts of repossession, foreclosure and bankruptcy, was awarded First Prize in the Society of Legal Scholars’ Birks Prizes for Outstanding Legal Scholarship (2007), and was short-listed for the Socio-Legal Studies Association Book Prize (2008). Her new monograph, 'Home Equity and Ageing Owners: Between Risk and Regulation' (http://www.hartpublishing.co.uk/books/details.asp?isbn=9781849460071) explores the growing phenomenon of home equity use by older owners from a socio-legal perspective, through the sensitising framework of risk. Lorna is co-investigator on a 3 year (2011-2014) Leverhulme Research Programme Grant (Intergenerational Justice), entitled 'Mind the (Housing) Wealth Gap: Intergenerational Justice and Family Welfare (£732,417), with colleagues from St Andrews University and Birmingham University (RP2011-IJ-024). Within the project, Lorna leads a workstream exploring the effect of regulation on older consumers taking out targeted equity release products. Follow this research at http://wealthgap.wp.st-andrews.ac.uk/; like us on Facebook https://www.facebook.com/WealthGap; or follow us on twitter @Wealth_Gap.
Lorna is Associate Editor-in-Chief of the seven-volume International Encyclopaedia of Housing and Home (Elsevier Publishing, 2012), co-author of Great Debates in Property Law (Palgrave Macmillan, 2012), and co-editor of The Idea of Home in Law: Displacement and Dispossession (Ashgate, Law, Property and Society series, 2010) (with JA Sweeney) and Unconscionability in European Private Financial Transactions: Protecting the Vulnerable (Cambridge University Press, 2010) (with M Kenny & J Devenney). She has interned at the United States District Court, Los Angeles, USA; been a visiting scholar at Cornell Law School, Cornell University, USA, the Centre for Socio-Legal Studies, University of Oxford, UK, and Stellenbosch University, South Africa; a consultant to the Office of Law Reform (NI); and presented expert evidence on housing rights for inner-city tenants in Belfast (www.pprproject.org) and Dublin (www.canaction.ie).
Lorna is Chair of the Board of Directors of the Association of Law, Property and Society (http://www.alps.syr.edu/). She is a representative of JASB (the Joint Academic Standards Board of the Law Society for England and Wales and the Bar Standards Board), an Institutional Reviewer for the QAA (Quality Assurance Agency), and a member of the Law sub-panel for REF 2014 (Research Excellence Framework). She served a three year term from 2007 as Deputy Head of the Faculty of Social Sciences and Health, with particular responsibility for undergraduates. Lorna is an elected member of University Senate and the Academic Electoral Assembly Standing Committee, and Chair of Collingwood College Council (http://www.dur.ac.uk/collingwood/). She has two sons, born in 2009 and 2012.
Trusts and Equity
- Financial transactions and older people
- Socio-legal analysis of property law
- Legal concept of home
- Squatters and adverse possession
- Trusts of the family home
- Law and the emotions
- Creditor possession actions
- Cowan, David, Fox O'Mahony, Lorna & Cobb, Neil (2012). Great Debates in Property Law. Palgrave Macmillan.
- Fox O’Mahony, Lorna. (2012). Home Equity and Ageing Owners: Between Risk and Regulation. Hart Publishing.
- Fox, Lorna. (2007). Conceptualising Home: Theories, Laws and Policies. Oxford.: Hart Publishing.
- Fox O’Mahony, Lorna., & Sweeney, James. (2011). The Idea of Home in Law: Displacement and Dispossession. Ashgate Publishing.
- Fox O’Mahony, Lorna. , Devenney, James. , & Kenny, Mel. (2010). Unconscionability in European Private Financial Transactions: Protecting the Vulnerable. Cambridge University Press.
- Smith, SJ. Elsinga, M. Fox O’Mahony, Lorna., Ong, SE. & Wachter, S. (2011). The International Encyclopedia of Housing and Home. Elsevier.
Essays in edited volumes
- Fox O’Mahony, Lorna. & Sweeney, James. (2011). Rethinking Responses to Displacement and Dispossession. In The Idea of Home in Law: Displacement and Dispossession. Fox O’Mahony, Lorna. & Sweeney, James. Farnham, Surrey: Ashgate Publishing. 211-226.
- Sweeney, James. & Fox O’Mahony, Lorna. (2011). The Displacement and Dispossession of Asylum Seekers: Recalibrating the Legal Perspective. In The Idea of Home in Law: Displacement and Dispossession. Sweeney, James. & Fox O’Mahony, Lorna. Farnham, Surrey: Ashgate Publishing. 101-132.
- Fox O’Mahony, Lorna. & Sweeney, James. (2011). The Idea of Home in Law: Displacement and Dispossession. In The Idea of Home in Law: Displacement and Dispossession. Fox O’Mahony, Lorna. & Sweeney, James. Farnham: Ashgate Publishing. 1-12.
- Fox O’Mahony, Lorna. (2011). The meanings of home. In The International Encyclopedia of Housing and Home. Smith, SJ. Elsinga, M., Fox O’Mahony, Lorna., Ong, SE. & Wachter, S. Amsterdam: Elsevier.
- Fox O’Mahony, Lorna. , Devenney, James. & Kenny, Mel. (2010). Conceptualising Unconscionability. In Unconscionability in European Private Financial Transactions: Protecting the Vulnerable. Fox O’Mahony, Lorna. , Devenney, James. & Kenny, Mel. New York: Cambridge University Press.
- Fox O’Mahony, Lorna. , Devenney, James. & Kenny, Mel. (2010). England and Wales. In Regulating Unfair Banking Practices in Europe: the Case of Personal Suretyships. Ciacchi, A Colombi. & Weatherill, S. Oxford: Oxford University Press. 141-178.
- Fox O’Mahony, Lorna. (2010). Eviction and the Public Interest: the Right to Respect for Home in English Law. In The Public Nature of Private Property. Diamond, Michael. & Paul Malloy, Robin. Farnham, Surrey: Ashgate Publishing.
- Kenny, Mel. Devenney, James. & Fox O’Mahony, Lorna. (2010). Re-considering unconscionability in Europe: in the kaleidoscope of private and public law. In Unconscionability in European Private Financial Transactions: Protecting the Vulnerable. Kenny, Mel. Devenney, James. & Fox O’Mahony, Lorna. Cambridge Cambridge University Press. 377-399.
- Fox O’Mahony, Lorna. (2009). Homeownership, Debt and Default: The Affective Value of Home and the Challenge of Affordability. In Affordable Housing and Public/Private Partnerships. Davidson, N. & Paul Malloy, Robin. Farnham, Surrey: Ashgate. 169-205.
- Fox O’Mahony, Lorna. & Devenney, James. (2009). The Elderly, Their Homes and the Unconscionable Bargain Doctrine. In Modern Studies in Property Law. Dixon, Martin. Oxford: Hart Publishing. 5: 265-288.
- Fox O’Mahony, Lorna. (2008). ‘Repossessing “Home” A Re-Analysis of Gender, Homeownership and Debtor Default for Feminist Legal Theory’. In 'Women and the Law'. Thomson/West.
Journal papers: academic
- Fox O'Mahony & Lorna (2011). Something Old, Something New, Something Borrowed: Land Law Reform in Northern Ireland. Conveyancer and Property Lawyer 75(5): 355-378.
- Fox, Lorna (2008). Re-possessing ‘Home’ A re-analysis of Gender, Home Ownership and Debtor Default for Feminist Legal Theory. William & Mary Journal of Women and the Law 14(3): Article 2.
- Devenney, James , Fox, Lorna & Kenny, Mel (2008). Standing surety in England and Wales: the sphinx of procedural protection. Lloyd’s Maritime and Commercial Law Quarterly 513-535.
- Fox O’Mahony, Lorna. & Cobb, Neil. (2008). Taxonomies of Squatting: Unlawful Occupation in a New Legal Order. Modern Law Review 71(6): 878-911.
- Fox O’Mahony, Lorna. & Devenney, James. (2008). Undue Influence, the Elderly and Equity Release Schemes. Elder Law Review Article 8.
- Cobb, Neil. & Fox, Lorna. (2007). Living outside the system: the (im)morality of urban squatting after the Land Registration Act 2002. Legal Studies 27(2): 236-260.
- Fox, Lorna. (2005). Creditors and the concept of 'family home': a functional analysis. Legal Studies 25(2): 201-227.
- Fox, Lorna. (2005). Property Rights of Cohabitees: The Limits of Legislative Reform. Irish Journal of Family Law 2-9.
- Fox, Lorna. (2005). The Idea of Home in Law. Home Cultures 2(1): 25-49.
- Fox, Lorna. (2003). Reforming Family Property: Comparisons, Compromises and Common Dimensions. Child and Family Law Quarterly 15(1): 1-20.
- Fox, Lorna. (2002). Creditors and the Family Home: Three Perspectives on Family Property Policy. Irish Journal of Family Law 3-8.
- Fox, Lorna. (2002). Family Homes, Conveyancing and Pre-Contract Inquiries: Pictures from these Islands. Conveyancing and Property Law Journal 7(1): 6-16.
- Fox, Lorna. (2002). The Meaning of Home: A Chimerical Concept or a Legal Challenge?. Journal of Law and Society 29(4): 580-610.
- Fox, Lorna. (2001). Co-ownership of Matrimonial Property: Radical Proposals for Reform. Northern Ireland Legal Quarterly 52: 20-53.
- Fox, Lorna. (2000). Living in a policy state: from trust for sale to trust of land. Liverpool Law Review 22(1): 59-88.
- Fox, Lorna. (1999). Implied Reservation of Easements. Conveyancer and Property Lawyer 63(July/August.): 353-363.
- Fox, Lorna. (1999). Receipt of Rent and Waiver of Leasehold Covenants: An Equitable Approach?. Northern Ireland Legal Quarterly 50(1): 140-152.
- Fox, Lorna. (1998). Co-owners, not co-owners: legislative and judicial policy in relation to Charging Orders and Co-ownership. Cambrian Law Review 29(1): 9-21.
- Lorna is a global affiliate of the Vulnerability and the Human Condition initative at Emory Law School, USA
- Lorna is a member of the Board of Directors of the Association of Law, Property and Society.