Category Archives: Equity

Ying Khai Liew, ‘“Sham Trusts” and Ascertaining Intentions to Create a Trust’

ABSTRACT According to received wisdom, ‘sham trusts’ is a doctrine which provides an exception to the normal objective process of ascertaining intentions to create a trust by permitting courts to give effect to subjective intentions as the ‘true’ intention. This article makes three points. First, that approach does not properly reflect how courts deal with […]

Ying Khai Liew, ‘Constructive Trusts in Sri Lanka: A Model for an Expansive Approach’

ABSTRACT The formal source of trusts law in Sri Lanka is found in the 1917 Trusts Ordinance. This Ordinance was based on English law, being introduced during the British rule of (what was formerly) Ceylon. In the century since its introduction, the law has certainly not stood still, and the cases and understanding of trusts […]

‘The Space In Between’

Naomi R Cahn, Revisiting Revocation upon Divorce?, 103 Iowa Law Review 1880 (2018). Professor Naomi Cahn undersells her recent Iowa Law Review article, ‘Revisiting Revocation upon Divorce?’ (‘Revisiting Revocation’), when she concludes it by saying that ‘this Article contributes to the ongoing conversations about the relationship between decedents’ intent, formality, and function in trusts and […]

‘Case Law: MN v OP, Money, money, money, must be funny, in an [anonymised beneficiary’s] world, protecting child beneficiaries in variation of trust cases’

“A typical plot development in old novels is the sudden discovery of unexpected wealth, usually in the form of an inheritance, or the discovery of a long lost will or hidden relationship to a wealthy benefactor. That is sometimes what it is like for children who are beneficiaries of big trust funds. They may, for […]

Dane Weber, ‘Muschinski v Dodds and the Joint Endeavour Principle: The Ephemeral Distinction between Institutional and Remedial’

ABSTRACT The 1985 High Court case of Muschinski v Dodds provided relief by way of a constructive trust when a joint endeavour broke down without attributable blame in circumstances not contemplated by the parties. This has spurred extensive literature on remedial constructive trusts. Unfortunately, there has been a dearth of literature on the relevance of […]

Morley and Sitkoff, ‘Trust Law: Private Ordering and the Branching of American Trust Law’

ABSTRACT In this chapter, prepared for The Oxford Handbook of New Private Law, we identify the principal ways in which the common law trust has been used as an instrument of private ordering in American practice. We argue that in both law and function, contemporary American trust law has divided into distinct branches. In our […]

Andrew Robertson, ‘Revolutions and Counterrevolutions in Equitable Estoppel’

ABSTRACT Equitable estoppel gives rise to a distinctive and controversial form of liability, which arises where one person (the inducing party) leads another (the relying party) to believe that the inducing party will act in a particular way in the future, and the relying party acts on that assumption to his or her detriment. Liability […]

Lecturer or Senior Lecturer at King’s College London: Contract, Tort, Property, Trusts

The Dickson Poon School of Law is seeking to appoint a Lecturer in Private Law. The successful candidate’s teaching and research focus will be in Contract and/or Tort. For this post, the ability to contribute also to the teaching of Property Law and/or Trusts would be an advantage. The Dickson Poon School of Law is […]

Lionel Smith, ‘Equity is Not a Single Thing’

ABSTRACT In this paper, I ask what are the philosophical foundations of Equity as it was defined by Frederic Maitland: the body of rules and principles that were developed over the centuries by the Court of Chancery. My answer is that there is no single purpose, approach, philosophy or norm that characterizes Equity so defined. […]

Benny Chung, ‘Challenging the orthodoxy: a critique of Re Goldcorp and the English law approach to the certainty of subject matter’

ABSTRACT Re Goldcorp Exchange Limited is a landmark, but in my opinion, mistaken Privy Council (PC) decision. First, the PC failed to apprehend the nature of bullion investment and applied the wrong legal standard. Meanwhile, I also argue that the tangible/intangible dichotomy, which is commonly adopted, is mistaken. Secondly, the approach taken by the PC […]