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
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Queen
Mary, University of London
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Course
Documents
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| Law of Property II Course Documents 2008-09 | |
| Law of Property II Seminar Materials 2008-09 | |
| LLM Advanced Equity and Trusts Law 2007-08 |
2. Notes on new material
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Notes
on new material
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New Quistclose trusts chapter Excerpt from new chapter in the upcoming 5th edition of Alastair Hudson's Equity & Trusts on "Quistclose trusts". |
Click here |
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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. |
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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 |
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Barlow Clowes v Eurotrust casenote A significant new decision of the Privy Council on dishonest assistance. |
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Re Horley Football Club casenote A significant new decision of the High Court on unincorporated associations and the beneficiary principle. |
Click here
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New law on dishonest assistance, including Abou-Ramah v Abacha A significant - and flawed - decision of the Court of Appeal on dishonest assistance. |
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Richstar Enterprises v Carey ( No 6) [2006] FCA 814 An important Australian case, inter alia, on discretionary trusts and unit trusts. |
Click here
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| 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 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Welfare and trusts
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Public interest trusts
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| For a hyperlink to a Google library version of my essay The unbearable lightness of property try the following:- | |
| For a hyperlink to a Google library version of my essay Equity,
individualisation and social justice try the following:- |
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| For a discussion of individualisation on this site, try:- |
4. Materials post-seminar
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LLB
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On the study of law Some general advice on studying law - whether trusts law or anything else. |
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LLM
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5. Podcasts on Equity & Trusts Law
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List
of current and upcoming podcasts
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Full list of Equity
& Trusts podcasts
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Click here | |
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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. |
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Other podcasts title and subject
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Access podcast
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Access podcast reading list
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| Is the doctrine of constructive trust coherent? | Click here |
Click here
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| 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
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| The liability of strangers in corporate contexts | Click here | Click here |