Category Archives: Equity and Trusts

Penzo and Selvadurai, ‘A hard fork in the road: developing an effective regulatory framework for public blockchains’

ABSTRACT Over the past decade, public blockchains have emerged as innovative, technology platforms capable of highly secure and sophisticated peer-to-peer online transmission of data between unknown parties. However, public blockchains challenge traditional regulatory models that assume centralised, single points of control facilitated via established intermediaries. In such a context, the present paper analyses the potential […]

Hans Tjio, ‘Adjudicating Intermediary-Related Losses’

ABSTRACT Three-party situations are problematic due to the agency, information and administrative costs involved. This includes the substitution of parties in relationships characterized as choses in action, which is why we see them as property transfers even if that is not fully accurate. We also create separate personality to help compress the number of parties […]

Ian Murray, ‘How do we Regulate Activities within a Charity Law Framework Focused on Purposes?’

ABSTRACT The law about when an entity is or is not a charity focuses on that entity’s purposes, not its activities. Yet, much of the current civil society debate centres on particular charity activities: election campaigning, the discriminatory provision of goods and services, or carrying on large-scale commercial activities. The issue arises in many jurisdictions […]

Washington and Rhue, ‘Tracing the Invisible: Information Fiduciaries and the Pandemic’

ABSTRACT Predictive data technology designed to contain the COVID-19 pandemic was not as successful as promised. Data-centric solutions to providing testing and tracing did little to limit the virus’s spread in part because they served only the most visible parts of society. This Article argues for more robust solutions to protect individuals’ privacy – whether […]

James Penner, ‘Justifying (or Not) the Office of Trusteeship With Particular Reference to Massively Discretionary Trusts’

EXTRACT In a recent article I examined the nature of private law offices, and here I extend that analysis to consider the trustee-beneficiary relationship where the trust is of a kind that Lionel Smith has called a ‘massively discretionary trust’. After considering some of the problematic legal features of such trusts, I shall probe the […]

Leung and Au-Yeung, ‘When death is literally the deadline: the “cut-off” point for assessing detriment in proprietary estoppel’

ABSTRACT Throughout the brief history of proprietary estoppel, it has been rare to find a case where the promisor passed away before the promisee suffers sufficient detriment. Rarer still, to find this promise made jointly by co-owners as tenants-in-common of a property. In Cheung Lai Mui v Cheung Wai Shing [2021], the Hong Kong Court […]

Lin and Lin, ‘Directors’ Duty of Care in China: Empirical and Comparative Perspective’

ABSTRACT The adoption of director’s duty of care in the 2005 revision of the PRC Company Law made significant progress in holding directors accountable for their wrongdoings. However, certain defects still exist, most importantly the lack of a specific standard for the duty of care in the legislation. Therefore, this article adopts an empirical and […]

Weiming Tan, ‘Peering Through Equity’s Prism: A Fiduciary’s Duty of Care or a Fiduciary Duty of Care?’

ABSTRACT The nature of a fiduciary’s duty of care has been a contested one. Different jurisdictions characterise this duty differently. This article argues that the duty is not a tortious duty. In addition to being equitable in origin, it is properly conceived as a fiduciary duty. Recognising a fiduciary duty of care enhances the protection […]

Weiming Tan, ‘Unpacking The Enigma of Equitable Compensation for Breaches in Equity’

ABSTRACT Amidst the relentless commercialisation of equity, the remedy of ‘equitable compensation’ has taken centre stage in recent years. As more commercial disputes confront the courts, judges across various jurisdictions grapple with the enigma of ‘equitable compensation’ to keep it apace with the modern times. The term ‘equitable compensation’ has been used by the legal […]

John Glover, ‘Trust registries, discretionary trusts and beneficial owners: a dubious gift from civil lawyers?’

ABSTRACT Registries have lately been introduced in several jurisdictions for the purpose of identifying the beneficial owners of trust property. This article examines the design of the UK registry from an Australian perspective. Problems of coherence and over-inclusion are identified in the way that the registry applies to discretionary trusts. ‘Control over the trust’ senses […]