Category Archives: Equity

Ridge and Dietrich, ‘Challenging Conceptions of Accessory Liability in Private Law’

ABSTRACT This article concerns recent challenges to the utility of ‘accessory liability’ as an organising principle or concept in private law and argues that accessory liability is a coherent body of law with common features that is worthy of separate, holistic treatment. We defend a conceptual framework for accessory liability which is dynamic in its […]

Bridget Crawford, ‘Less Trust Means More Trusts’

ABSTRACT The word ‘trust’ has multiple meanings. In everyday speech, it refers to a feeling of confidence associated with integrity, such as trusting that a friend will keep a secret. In the financial context, some law students, lawyers and lucky individuals also understand that a trust is a near-magical device that splits legal and equitable […]

Lionel Smith, ‘Prescriptive Fiduciary Duties’

ABSTRACT It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by challenging the presuppositions that led to it. The paper goes […]

‘Yet another farming/proprietary estoppel case …’

“Once again, farming and family squabbles are to the fore in a recent proprietary estoppel case: just out (dropped?) on BAILII – Guest v Guest [2019] EWHC 869 (Ch). The case was heard in Bristol by HH Judge Russen. Spoiler – the claimant was found to have made out his case …” (more) [Bracton’s Sister, […]

Tilba and Reisberg, ‘Fiduciary Duty under the Microscope: Stewardship and the Spectrum of Pension Fund Engagement’

ABSTRACT UK pension fund trustees’ interpretations of their fiduciary duties may shape pension fund approaches to corporate stewardship and engagement envisioned by the UK Stewardship Code. Data from interviews with pension fund trustees, executives, investment intermediaries and pensions experts reveals interpretive pluralism of the concept of fiduciary duty in the area of pension funds. This […]

Philip Sales, ‘Fraud on a Power: the interface between contract and equity’

“How far can a legal instrument intended to have long-term effects control for the unknown future? This is a general problem for those acting in ‘the now’ with a view to regulating what happens to their property or personal obligations in the future. It is an issue which may arise across practically the whole range […]

Mark Pawlowski, ‘Private purpose trusts – a statutory scheme for validation’

ABSTRACT The article seeks to advocate a change in English law by the introduction of a statute validating private purpose trusts along the lines of the legislation already in force in several offshore jurisdictions. It considers the various elements of any such new statute with particular reference to the definition of a private purpose trust, […]

Jonathan Fowles, ‘The charitable trust: not so special after all?’

ABSTRACT In Lehtimaki v Children’s Investment Fund Foundation (UK) (‘CIFF’), the Court of Appeal was right to decide that the Chancellor had been wrong to seek to control a charity fiduciary’s discretion absent actual or threatened breach of fiduciary duty. This decision ought to be welcomed as setting historically sound and principled limits on the […]

Hannibal Travis, ‘Enjoining the Cloud: Equity, Irreparability, and Remedies’

ABSTRACT This article examines the tailoring of remedies in cases involving online infringement in particular. When websites communicate copyrighted works to members of the public or use trademarks unlawfully, domestic requirements of equitable relief come into tension with global enforcement cultures. Courts are sometimes persuaded to enjoin entire websites or to order the defendant and […]

Khan and Pozen, ‘A Skeptical View of Information Fiduciaries’

ABSTRACT The concept of ‘information fiduciaries’ has surged to the forefront of debates on online platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of […]