Category Archives: Equity

Tina Cockburn, ‘Equity in estate litigation’

Abstract Equitable claims are now increasingly being raised in estate litigation, particularly in conjunction with family provision applications. In the landmark High Court case, Bridgewater v Leahy, an inter vivos transfer of substantial property by an elderly grazier to his nephew was set aside on the grounds that it was an unconscionable bargain, to the […]

Yock Lin Tan, ‘Property in bribes revisited in a cross-disciplinary perspective’

Abstract Taking its point of departure from the decision of the United Kingdom Supreme Court in FHR European Ventures, this article seeks to bring cross-disciplinary perspectives to bear on the question whether an agent should hold the bribe he has received on constructive trust for his principal. Economising models are employed and the results interpreted […]

Terence Etherton, ‘Equity and conscience’

Introduction I would like to talk today about equity and conscience. There are important areas of current equity jurisprudence where a specific ingredient of unconscionability (or unconscionableness, as Lord Walker has called it) is required. To name but some: receipt of trust property with knowledge it was transferred in breach of trust; receipt of a […]

Robert Flannigan, ‘Compound Fiduciary Duty’

Abstract Most observers know that fiduciaries must avoid unauthorised conflicts and benefits. Some however claim that other duties properly are classified as ‘fiduciary’ duties. Here I address the compound duty claim. Flannigan, Robert, Compound Fiduciary Duty (October 27, 2017).

Eric Kades, ‘Of Piketty and Perpetuities’

Abstract For the first time since America’s founding, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition or evisceration of the Rule Against Perpetuities in over half the states along […]

Charles Mitchell, ‘Current Issues in Unjust Enrichment: The “Time Value” of Money and Proprietary Remedies for Failure of Basis’

Abstract The paper examines two issues in the English law of unjust enrichment that have been considered in recent case law: whether claims lie for the value of an opportunity to use money, and if so how these should be measured, and whether proprietary remedies should be awarded to claimants who succeed in establishing a […]

‘The Non-Domination Principle in Fiduciary Law’

Evan J Criddle, Liberty in Loyalty: A Republican Theory of Fiduciary Law, 95 Texas Law Review 993 (2017), available at SSRN. Fiduciary law crosses many domains, but it is of particular import to the field of trusts and estates, where it lays down rules of conduct for key actors within that legal system. In Liberty […]

‘Article on “The Demand for Fiduciary Services: Evidence from the Market in Private Donative Trusts”’

“Adam Hofri-Winogradow recently published an Article entitled, ‘The Demand for Fiduciary Services: Evidence from the Market in Private Donative Trusts’, 68 Hastings Law Journal 931 (2017). Provided below is an abstract of the Article: ‘Recent revelations on the use of fiduciary services raise concerns regarding their use for tax and creditor avoidance. Yet given the […]

Azfer Khan, ‘Certain uncertainty: thoughts against the remedial constructive trust’

Abstract Many argue that the English law of trusts affords too much protection to claimants with proprietary interests, especially those proprietary interests arising by operation of law. For this reason, contemporary scholars suggest that the courts should embark on a more flexible approach by employing the concept of a remedial constructive trust. This article seeks […]

Ramseyer and Tamaruya, ‘Fiduciary Principles in Japanese Law’

Abstract Solicited for the Oxford Handbook of Fiduciary Law, this essay offers a general introduction to Japanese fiduciary principles. Using corporate law as an example, it outlines the scope of the duties of loyalty and care, and of the business judgment rule. It compares the application of these principles in Japan to their application in […]