Hunter v Moss is a landmark, but also controversial, English trusts law case. In this article, we argue that Hunter v Moss is, indeed, not as controversial or problematic as the academic critics have portrayed it to be, by explaining why those criticisms do not stand. We then argue that the biggest problem with this judgment is its inability to accommodate cases with a financial context, and we propose that the common law courts should rather adopt a facts-based approach.
Benny Chung and Jason Chun Wing Chiu, Right? Wrong? Outdated?: An evaluation of the controversial Hunter v Moss, Trusts and Trustees, https://doi.org/10.1093/tandt/ttz116. Published: 10 December 2019.