trusts law

this page provides you with an index for the trusts law files on this site.

in this part of the site you will find:-

(1) course documents for QM students;

(2) notes on any important new material which is not yet in my textbook (a large amount of new material in Jan '07);

(3) a variety of essays on the detail of trusts law;

(4) notes for students following seminars; and

(5) podcasts

To access Equity & Trusts podcasts - click here

 

 

1. Course Documents

Queen Mary, University of London
Course Documents
   
Law of Property II Course Documents 2008-09
Click here
Law of Property II Seminar Materials 2008-09
Click here
   
LLM Advanced Equity and Trusts Law 2007-08
Click here

 

 

2. Notes on new material

Notes on new material
 

New Quistclose trusts chapter

Excerpt from new chapter in the upcoming 5th edition of Alastair Hudson's Equity & Trusts on "Quistclose trusts".

Click here

New Charities law chapter

Excerpt from new chapter in the upcoming 5th edition of Alastair Hudson's Equity & Trusts on "Charities" to deal with the Charities Act 2006.

Click here

Outline for problems on trustee investment

Excerpt from new chapter in the upcoming 5th edition of Alastair Hudson's Equity & Trusts on the "Trustee Act 2000" relating to the investment of trusts.

Click here

Barlow Clowes v Eurotrust casenote

A significant new decision of the Privy Council on dishonest assistance.

Click here

Re Horley Football Club casenote

A significant new decision of the High Court on unincorporated associations and the beneficiary principle.

Click here

New law on dishonest assistance, including Abou-Ramah v Abacha

A significant - and flawed - decision of the Court of Appeal on dishonest assistance.

Click here

Richstar Enterprises v Carey ( No 6) [2006] FCA 814

An important Australian case, inter alia, on discretionary trusts and unit trusts.

Click here
A new discussion of the Unconscionability Approach in trusts of homes, with new casenotes Click here
A new discussion of trustee exemption clauses Click here
An explanation of the various remedies available in tracing claims Click here
   
   

 

 

3. Essays on trusts law

Essays
 
   

 

Restitution of unjust enrichment

This essay considers the nature of unjust enrichment and compares it with equity: it is found to be somewhat wanting. It was originally included in earlier editions of Equity & Trusts but was removed due to lack of space.

Click here

 

Westdeutsche Landesbank v Islington - a note

This essay considers this important decision and provides an introduction to this complex litigation for students. It appeared in my 1999 book Principles of Equity and Trust (Cavendish) and was well-received as a clear grounding for students meeting this seminal case for the first time.

Click here

 

The nature of property

This essay considers the nature of property and presents a novel consideration of the differentiation between the various types of property whereas property law tends to treat all forms of property as being the same.

Click here

 

The nature of express trusts

This essay was previously the full version of Chapter 7 of Equity & Trusts, which was cut back for the latest edition. It draws a range of themes out of the discussion of express trusts across Chapters 3 through 6 of that book, and which serves to give an overview of the key ideas.

Click here

 

Trusts and the birth of company law

The modern company was based on trusts law and partnership law. This essay explores that birth and, in so doing, gives another example of trusts facilitating commercial activity.

Click here

 

Co-operatives

While property lawyers usually think of "things" being owned, co-operatives provide an entirely different model of property whereby the members of co-operatives (bodies corporate) do not own any of the entity's assets individually but rather exercise democratic control over that property when acting in concert. This essay is now a little out of date due to some statutory updates.

Click here

 

The ordering of trusts

There are many forms of trust not normally considered by the commentators but which constitute the present and the future of trusts law: this essay shows how trusts law could and should be organised to incorporate these trusts.

Click here

 

Welfare and trusts

 

Click here

 

Public interest trusts

 

Click here
For a hyperlink to a Google library version of my essay The unbearable lightness of property  try the following:-
Click here
For a hyperlink to a Google library version of my essay Equity, individualisation and social justice  try the following:-

Click here

For a discussion of individualisation  on this site, try:-
Click here

 

4. Materials post-seminar

LLB
 
   

On the study of law

Some general advice on studying law - whether trusts law or anything else.

Click here
   
   
LLM
 
   
   
   
   

 

5. Podcasts on Equity & Trusts Law

List of current and upcoming podcasts
   
Full list of Equity & Trusts podcasts
Click here  

 

The nature of these podcasts:-

These podcasts are not complete lectures and are not intended to be used as a replacement for reading. They are definitely not intended to bve used commercially by anyone. They are available for use by students and others whether they are Queen Mary students or not. Enjoy.

   
Other podcasts title and subject
Access podcast
Access podcast reading list
Is the doctrine of constructive trust coherent? Click here
Click here
A map through the various remedies for breach of trust - inc. stranger liability and tracing Click here Click here
What is the meaning of "dishonesty" in dishonest assistance? (Pt 1) Click here
Click here
The liability of strangers in corporate contexts Click here Click here