Category Archives: Equity and Trusts

Just Published: Misleading Silence (Bant and Paterson eds)

This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common […]

‘A Duty of Loyalty for Privacy Law’

“It wasn’t supposed to be like this. When the Internet emerged in the mid-1990s, it was heralded as an unprecedented technology of human empowerment; a place where human beings could meet, learn, and express themselves, transforming our society for the better. It was also hailed as a realm of privacy, in which those empowered humans […]

Hiroyuki Watanabe, ‘The South African Law of Trusts’

ABSTRACT This is a transcript of an interview with Professor Francois Du Toit on the South African law of Trusts. He has specialized in property law and also one of the authorities on the law of trusts in the South Africa. The meeting was held in March 2011 at the University of Groningen in the […]

Christa Laser, ‘Patent Law’s Equitable Defenses’

ABSTRACT … Setting the stage of the statutory interpretive battle, this article examines the historical and statutory bases of equitable limits on patent law, with a particular focus on the substantive equitable defenses of unclean hands and patent misuse. It contrasts the history of equitable defenses such as estoppel, which crossed fully into courts of […]

Jonathan Lee, ‘Equitable compensation and Brickenden: fiduciary loyalty and causation’

ABSTRACT This article reconsiders the causation rules of equitable compensation for breaches of non-custodial fiduciary duties. It argues that these rules should correspond with and reflect the nature of fiduciary duties. Being a compensatory remedy, correct identification of the breach and the relevant counterfactual are therefore crucial. The failure to do so has led to […]

Mark Glover, ‘Restraining Live Hand Control of Inheritance’

ABSTRACT Inheritance law generally defers to the donor’s decisions regarding what property should be distributed to which donees. Because these decisions are carried out after the donor’s death, the law’s deference to the donor has become known as ‘dead hand control’. But just as the inheritance process is guided by the decisions of the dead, […]

Prashant Reddy, ‘The “Other IP Right”: Is it Time to Codify the Indian Law on Protection of Confidential Information?’

ABSTRACT Countries across the world are increasingly turning their attention to trade secret law, either enacting new laws or amending existing laws. As India faces similar calls to enact new laws to protect trade secrets, it is necessary to take stock of existing Indian law on protection of confidential information. As of now India protects […]

Call for Papers: ‘Equity and New Technological Horizons’ – interdisciplinary virtual seminar, 8 April 2021

“This call for papers is for an interdisciplinary virtual seminar exploring interpretations, intersections, and tensions between the law of equity and new technologies. Drawing on work by the likes of Franco Berardi, Ian Bogost, Adam Greenfield, and Bernard Stiegler, we welcome speculative theories, critical fields of thought, and futurological perspectives. We also welcome contributions from […]

Charles Towl, ‘Gone fishing: legal professional privilege and data subject access requests in trust law – Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352’

ABSTRACT Following a data subject access request made in 2014, the Court of Appeal has recently taken the opportunity to consider the nature of joint privilege. By affirming that joint privilege is a procedural issue, rather than a substantive element of trust law, the court removed it from the remit of offshore restrictions upon trustee […]

Yeung and Fee, ‘Limiting the fiduciary’s account of profits: but-for causation?’

ABSTRACT In an account of profits for breach of fiduciary duty, courts have understandably required some form of nexus between the breach and the gains to be disgorged, but have otherwise struggled to articulate a precise test. In the recent case of UVJ v UVH, the Singapore Court of Appeal broke new ground by requiring […]