This article asks whether equity still has a creative role to play in the development of new doctrines and principles. It looks briefly at the contribution made by Lord Denning in this context and examines other judicial exponents of a more creative approach to the application of equitable principles. The article also considers current judicial attitudes to creativity and what future role equity may play in the development of existing doctrines, notably, proprietary estoppel and the constructive trust in the context of the family home. The conclusion drawn is that equity is not past the age of childbearing, but more radical creativity is unlikely to happen in the absence of statutory intervention.
Mark Pawlowski, Is equity past the age of childbearing?. Trusts and Trustees (2016) doi: 10.1093/tandt/ttw121. First published online: June 24, 2016.