Category Archives: Equity

Remigius Nwabueze, ‘Illegality and trusts: trusts-creating primary transactions and unlawful ulterior purposes’

INTRODUCTION Patel v Mirza provides an interesting opportunity to re-examine the role of illegality in the enforcement of trusts. Though Patel was a case on unjust enrichment and contract, its ratio, to the effect that a restitutionary claim would not be necessarily undermined by an underlying illegality, would definitely resonate with a claim in trust […]

Alexander Chrysanthou, ‘Reliance and representations/promises in frozen embryo disputes: UK and Israeli approaches to estoppel’

ABSTRACT Frozen embryo disputes are hard cases since providing the decision over whether or not to become a parent/dispose of the embryo(s) to one gamete provider in the way he/she wishes denies the other an equivalent decision. In response, estoppel, it is argued, can provide a doctrinally robust response due to its flexibility in deeming […]

Andrew Gold, ‘Equity and the Right to Do Wrong’

ABSTRACT On some views, equity prevents people from being sticklers for their rights in a bad way. This perspective has merit, but it offers an incomplete picture. Often, individuals get to insist on their legal rights even when it is immoral or undesirable for them to do so. The interesting question then is why equity […]

David Russell, ‘Equity in an Age of Uncertainty’

INTRODUCTION … In this paper, I dare to suggest some answers to the questions posed by Mr Heydon QC. I suggest that it cannot seriously be questioned that standards of fiduciary honesty, and standards of fiduciary care, skill and diligence have indeed fallen in the last century. This conclusion militates very strongly in favour of […]

Stéphane Sérafin, ‘Transfer by Contract at Common Law and in Equity’

ABSTRACT For those authors who adopt a ‘transfer’-based explanation of contract, even the act of promising to do something at some later time appears capable of effecting an immediate transfer of rights from promisor to promisee. This paper argues that this particular conception of contract presents a strong problem of fit from the perspective of […]

Pensions: Law, Policy and Practice Conference: UCL Faculty of Laws, 21 June 2019

State pensions are the largest item in the UK social security budget, estimated to cost £91.6 billion in 2016/17, with 12.9 million recipients paid an average of £7,100 each. Enormous wealth is also managed by the trustees of occupational pension schemes on behalf of members to whom distributions are eventually made as a form of […]

Katy Barnett, ‘Chasing will-o’-the-wisp: the English courts’ impossible quest for “certainty” in constructive trusts over bribes’

ABSTRACT After years of uncertainty, FHR v Mankarious has sought to impose a ‘simple answer’ in relation to remedies regarding bribes made in breach of fiduciary duty, namely that a constructive trust will always be imposed. The English approach can be contrasted with the approach in many other common law jurisdictions, including Australia and the […]

AWPLN: ‘First post for 2019: news and publications’

“We’ve been informed of the following publications by Australian female scholars in the area of private law from the end of December 2018 to the end of February 2019: Elise Bant, ‘Unravelling Fraud in the Wake of Hayward v Zurich Insurance’ (2019) Lloyd’s Maritime and Commercial Law Quarterly 91; Elise Bant, and Jeannie M Paterson, […]

Evan Fox-Decent, ‘The Constitution of Equity’

ABSTRACT I defend three related ideas regarding the law of Equity (‘Equity’), and discuss another that is much more speculative. The first two related ideas are that Equity has the characteristic form of public law, and that Equity shares public law’s basic concern, which is to regulate power held by one party for the benefit […]

‘Trusts Remain Out of Favour with Wealthy Families’

“In the United Kingdom, advisors warn that wealthy families are steering away from trusts due to increased tax rates and concerns about privacy. The number of trusts that are being utilized has fallen for the third year in a row according to the latest statistics from HM Revenue and Customs. The total income reported in […]