Category Archives: Equity and Trusts

Criddle, Miller and Sitkoff, ‘Introduction: The Oxford Handbook of Fiduciary Law

ABSTRACT … This essay, which is the Introduction to the Handbook, explores fiduciary law’s emergence as a general field of study and explains the Handbook’s ambitious contributions to the field. These contributions are grouped thematically into four parts. First, the Handbook surveys fiduciary principles across diverse contexts, ranging from agency law and the law of […]

Robert Flannigan, ‘The Court of Appeal recasts fiduciary accountability’

ABSTRACT Two decisions of the Court of Appeal appear to fracture our regulation of the opportunism of fiduciaries. However the reasoning is not robust, and that suggests caution in relying on the propositions advanced. € Robert Flannigan, The Court of Appeal recasts fiduciary accountability, Trusts and Trustees, Published: 29 July 2019.

Thomas Fletcher, ‘My business is your business: the Court of Appeal’s decision in MN v OP

ABSTRACT This article considers the decision of the Court of Appeal in England in MN v OP [2019] EWCA Civ 679 on the circumstances in which an anonymity order will be made in connection with an application under the Variation of Trusts Act 1958. It looks at the legal framework for the decision, in particular […]

Peter Devonshire, ‘Resulting Trusts Arising from Voluntary Payments: Developments in New Zealand’

ABSTRACT When money is transferred to another party without consideration, there is a rebuttable presumption that the funds are held by the transferee on a resulting trust for the transferor. This is a default rule which gives effect to the presumed intention of the transferor when actual intention is not evident. This article argues that […]

Crettez and Deloche, ‘A Law-and-Economics Perspective on Cost-Sharing Rules for a Condo Elevator’

ABSTRACT How to enhance the maintenance, repair and improvement of condo buildings? We address this issue by focusing on the case of an elevator installation whose benefits are not uniform across units. We examine the link between majority approval and cost sharing. Relying on a cooperative game theory approach, we prove the coalitional stability of […]

‘Oregon Authorizes Purpose Trusts’

“In The Continuing Rise of the Purpose Trust (Leimberg Newsletter), Alexander A Bove, Jr and Melissa Langa discuss the new Oregon purpose trust statute: ‘Little by little the purpose trust has been making its way into US law and estate planning. In the Leimberg Newsletter #2711, LISI contributor Alexander Bove reviewed the basics of purpose […]

Bridget Crawford, ‘Magical Thinking and Trusts’

ABSTRACT At a time of monumental economic inequality in the United States, wealthy individuals and their tax-motivated behavior have come under significant scrutiny from all corners. In 2019, the Supreme Court issued its first major ruling in over sixty years on the state income taxation of trusts. In North Carolina Department of Revenue v Kimberley […]

Adam Reilly, ‘Is the “Mere Equity” to Rescind a Legal Power? Unpacking Hohfeld’s Concept of “Volitional Control”’

ABSTRACT Private lawyers owe a particular debt of gratitude to Hohfeld, given their widespread use of his scheme. An example is equitable rescission, where the entitlement to rescind a voidable transfer is now widely understood to be a Hohfeldian legal power. Yet, though scholars have been quick to use Hohfeld’s concept of legal power, they […]

Scott Donald, ‘The Pension Trust: Fit For Purpose?’

ABSTRACT The law of trusts plays an integral and multi‐faceted role in the regulatory scheme shaping the occupational pensions arena in Australia and the United Kingdom. It facilitates the operation of private law modalities, such as innovation and competition. However, that openness also renders members’ interests vulnerable and the lack of transparency and emaciated accountability […]

Pauline Ridge, ‘Modern Equity: Revolution or Renewal from Within?’

ABSTRACT Peter Birks spearheaded a revolution in thinking about Equity. This paper questions how successful that revolution has been. Two narratives of modern Equity are identified: the revolutionary narrative commenced by Birks and one counter-narrative that is apparent in contemporary case law. Three particular strands of these narratives are then discussed. They concern the integration […]