Personal profile
Research interests
My research considers what private law remedies are available for interference with intangibles. Digitalisation has changed ownership and control of personal assets, something which English law has struggled to properly address. Problems arise because English law relies extensively on possession as a proxy for ownership and intangibles cannot be possessed under English law. There are also questions about whether certain types of digital assets are property in the first place.
My research considers the extent to which intangibles can be accommodated by existing private law remedies. It asks if the focus of remedies on property and possession is practically and theoretically defensible. This is because some types of commercially valuable intangible assets fall outside the scope of one or both of those criteria. It considers what changes, if any, would be desirable if current remedies do not adequately protect intangibles.
In addition to my research, I teach a wide range of Private Law subjects at undergraduate and postgraduate levels, including the Law of Contract, Commercial Law and Advanced Obligations.
Research Groups and Themes
- Centre for Global Law and Innovation
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Research output
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An Expressive Theory of Possession
Mccay, K., Jul 2021, In: The Cambridge Law Journal.Research output: Contribution to journal › Book/Film/Article review (Academic Journal)
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Robot Rules: Regulating Artificial Intelligence
Mccay, K., Nov 2020, In: Journal of Professional Negligence.Research output: Contribution to journal › Review article (Academic Journal)
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Digital assets, personal property and categorisation: the Property (Digital Assets etc) Act 2025
McCay, K., 21 May 2026, (E-pub ahead of print) In: Legal Studies. 5 p.Research output: Contribution to journal › Article (Academic Journal) › peer-review
Open Access
Prizes
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College scholarship and De Hart Prize in Law, Christ’s College Cambridge
McCay, K. (Recipient), 2015
Prize: Prizes, Medals, Awards and Grants
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Durham University Law School Prize: LLM
McCay, K. (Recipient), Oct 2019
Prize: Prizes, Medals, Awards and Grants
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Durham University Law School Prize: LLM Dissertation
McCay, K. (Recipient), Oct 2019
Prize: Prizes, Medals, Awards and Grants
Activities
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Public engagement for children and their families: Presents and the Law
McCay, K. (Organiser)
27 Sept 2025Activity: Talk or presentation types › Community engagement, including convening focus/advisory groups
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Contemporary Issues and Challenges in Commercial Law
McCay, K. (Presenter)
Sept 2025Activity: Participating in or organising an event types › Invited talk
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Society of Legal Scholars Annual Conference 2025
McCay, K. (Presenter)
Sept 2025Activity: Participating in or organising an event types › Invited talk
Thesis
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Common Law Claims for Wrongful Interference with Intangible Assets
McCay, K. (Author), Davey, J. (Supervisor) & Plomer, A. (Supervisor), 30 Sept 2025Student thesis: Doctoral Thesis › Doctor of Philosophy (PhD)