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cover art of Equity and Trusts

£32.99

Paperback

250 pages

Available to order from
01 May 2019

ISBN: 9780995653085
Published: 30 Jun 2019

Inspection Copies

We are happy to provide free inspection copies (or advance material) for lecturers teaching on a relevant course.

Equity and Trusts

by Sue Farran and Katharine Davies

Description

New for this edition:

- Addition of extra flowcharts/ summaries/ diagrams to aid student understanding of complex issues
- Fully reviewed and updated to reflect recent case law
- Expanded chapter on breach, tracing and equitable remedies

A wide range of case law including-
- Marr v Collie 2017 Privy Council case on common intention constructive trusts
- Patel v Mirza 2016 on illegality and the right to recover funds
- Lewis v Tamplin 2018 on the beneficiaries’ right to receive information from the trustees
- Akers v Samba Financial Group 2017 Supreme Court on the nature of a trust, proprietary rights and third parties
- Barnsley v Noble 2016 on exemption clauses
- Lowick Rose LLP v Swynson 2017 on the equitable doctrine of subrogation
- Barnett v Creggy 2016 Court of Appeal decision on limitation in breach of trust cases
- Burnden Holdings v Fielding 2018 on limitation
- Davies v Davies 2016 on proprietary estoppel
- Clydesdale Bank v John Workman 2016 Court of Appeal on dishonest assistance

Other key developments
- Law Commission proposed project on ‘Modernising Trusts for a Global Britain’ 2019
- House of Commons Briefing Paper No. 03372, June 2018, “Common Law Marriage” and Cohabitation
- Law Commission’s 2017 consultation on reform of the law governing the making of wills

Equity & Trusts is directed specifically at LLB and GDL students, providing them with all they need to understand the complexities of the English law of equity and trusts in principle and in practice, while also providing them with insights into some of the debates that surround this area of the law.

Written by two authors from Northumbria Law School with extensive experience of teaching this core subject, and with leading practitioner input to reinforce the practical application of equity and trusts, this text sets out to help students appreciate the context behind the subject and become confident in their ability to solve problems.

Equity & Trusts draws on the primary sources of case law and legislation and guides the reader through the early developments of equity to its contemporary relevance. By focusing on the equitable institution of the trust, the book sets out, in clear and accessible language, the formation and function of different trusts, the roles, rights and responsibilities of those involved and the remedies that may be available when things go wrong.

Contents

Introduction to Equity and the Trust
Creation of Express Trusts
Purpose Trusts
Non-express Trusts
Trustees’ Powers and Duties
Breach of Trust, Tracing and Remedies