Law: equity and trusts, foundations Books
Hall and Stott Publishing Ltd Equity and Trusts
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£30.59
Oxford University Press Blackstones Statutes on Property Law
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£16.99
Fink Publishing Ltd Revise SQE Trusts Law 202526
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£16.15
Oxford University Press The Law of Trusts
Book SynopsisThe Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law.The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner offers perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject.Digital formats and resourcesThe twelfth edition is available for sTable of ContentsPart I: The Express Trust 1: Historical origins of the trust 2: Basic principles 3: Trusts and powers 4: Modern discretionary trusts 5: Certainty 6: Constitution 7: The beneficiary principle 8: The trust up and running 9: Formalities Part II: Resulting Trusts and Bare Trusts 10: Resulting trusts 11: Bare trusts subject to contractual obligations and agency mandates Part III: Liabilities Arising from Breach of Trust and Fiduciary Obligations 12: Following, tracing, and claiming 13: The trustee's liability for breach of trust 14: Fiduciary relationships 15: Third party liability for breach of trust and fiduciary obligations 16: Restitution, unjust enrichment, and the law of trusts Part IV: Constructive Trusts 17: Constructive trusts and informal trusts of family property Part V: Charity 18: The law governing charities
£42.99
Pearson Education Law Express Equity and Trusts
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£14.99
Globe Law and Business Ltd Private Trust Companies: A Handbook for Advisers,
Book SynopsisPrivate trust companies play an increasingly important role in the wealth structures of many ultra-wealthy families, offering a high degree of control and flexibility in the administration of a family’s trusts and the management of trust assets. Featuring chapters written by leading practitioners from firms including Appleby, McDermott, Will & Emery and Squire Patton Boggs, this edition fully explores the legal, regulatory and practical dimensions of forming and operating a private trust company. The relevant law in prime jurisdictions including Bermuda, the Cayman Islands, Hong Kong, Jersey and key US states is thoroughly examined. In addition, content shines a light on organisational and operational issues such as designing a private trust company’s ownership structure, implementing proper internal controls, outsourcing services and working with professional advisers. Important matters like coordinating with the family office, communicating with family, protecting privacy and handling disputes involving private trust companies are also tackled. This second edition features: a new chapter covering Guernsey; regulatory developments in the Cayman Islands; tax law changes in Hong Kong; legislative developments in Wyoming and other US states; recent cases relevant to private trust companies; discovery disputes involving private trust companies; and developments concerning beneficial ownership disclosure requirements in the United States and Europe. This handbook is a comprehensive resource for lawyers, accountants, family office executives and others who advise families on private trust companies.Table of ContentsIntroduction 7 Todd D Mayo Wealth structuring strategist Part I. Design and operation of private trust companies Considerations when forming a private trust company 11 Todd D Mayo Wealth structuring strategist Ownership and governance structures 33 Vanessa Schrum Appleby (Bermuda) Limited Kathryn von Matthiessen Katten Muchin Rosenman LLP Coordinating with the family office 45 Sara Schroter Michelle L Wolfe Meritus Trust Company Limited Facilitating essential communication with family members 67 Babetta von Albertini Institute for Family Governance Helping hands: utilising service providers 89 Ryan M Harding Garden Trust Company Jonathan W Motto McDermott Will & Emery LLP Internal controls 109 Elise J McGee McDermott Will & Emery LLP Beneficial ownership registers: the balance between transparency and privacy 123 Paolo Panico Private Trustees SA Teton Trust Company LLC US tax and regulatory considerations 143 Osvaldo Garcia JP Morgan Private Bank Sasha Grinberg Cadwalader, Wickersham & Taft LLP Dorothy Mehta Fried, Frank, Harris, Shriver & Jacobson LLP William S Schaaf Cadwalader, Wickersham & Taft LLP Disputes involving private trust companies 171 Nicholas Holland Joseph J Viviano McDermott Will & Emery LLP Part II. Non-US jurisdictions Bermuda 191 Ashley Fife Keith Robinson Carey Olsen Bermuda Limited British Virgin Islands 201 Fraser Allister Andrew Miller Bedell Cristin Cayman Islands 211 Fraser Allister Andrew Miller Bedell Cristin Guernsey 221 Joanna Caen Natasha Kapp Carey Olsen (Guernsey) LLP Hong Kong 231 Patricia Woo Squire Patton Boggs Jersey 241 Robert Dobbyn Carey Olsen Jersey LLP Sevyn Kalsi Bedell Cristin Jersey Partnership Part III. US jurisdictions Florida 255 Christopher W Boyett Nichole D Scott John L Stansbury Holland & Knight Nevada 267 Thomas M Cota Jason Nomsen Matthew Tobin SDTC Services of Nevada LLC New Hampshire 281 Steven M Burke Patrick O Collins McLane Middleton Todd D Mayo Wealth structuring strategist South Dakota 325 James Paladino South Dakota Planning Company Matthew Tobin South Dakota Trust Company LLC Tennessee 343 John M Bunge Aaron B Flinn Jill C Mastroianni Holland & Knight (formerly with Waller Lansden Dortch & Davis) Wyoming 355 Christopher M Reimer Amy M Staehr Long Reimer Winegar LLP About the authors 365 About Globe Law and Business 379
£202.50
Bloomsbury Publishing PLC Cases, Materials and Text on Property Law
Book SynopsisThis casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.Table of ContentsPreface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protection of property rights Chapter 3. Types of property rights: immovables and movables Chapter 4. Types of property rights: claims Chapter 5. Property rights as security interests Chapter 6. Management devices: trust, treuhand, fiducie Chapter 7. Creation Chapter 8. Transfer Chapter 9. Destruction Chapter 10. Uniform or harmonised property law Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)
£76.00
Oxford University Press The Principles of Equity Trusts
Book SynopsisThe Principles of Equity & Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fifth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles of trusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with the subject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, this is the ideal companion to a course in trusts.Digital formats and resourcesThe fifth edition is available for students and institutions to purchaseTrade ReviewAn invaluable resource for students seeking to develop a comprehensive understanding of the law and principles underpinning it, Virgo makes difficult material accessible without sacrificing nuance. * Luke Williams, Lecturer, BPP Law School *In my view the most useful textbook available in this subject in the UK; a great mix of clear explanation of basic concepts with really first-rate analysis of more complex questions. * Professor Hilary Biehler, Professor of Public Law, Trinity College Dublin (previous edition) *Table of ContentsPart I: Equity 1:: An introduction to equity 2:: The characteristics of equity 3:: An introduction to the trust Part II: The Express Trust 4:: The requirements of an express trust 5:: Formalities Part III: Trusts for Purposes 6:: Charitable trusts 7:: Non-charitable purpose trusts Part IV: Implied Trusts 8:: Resulting trusts 9:: Constructive trusts 10:: Informal arrangements relating to property Part V: Beneficiaries 11:: Beneficiaries Part VI: Trustees and Their Representatives 12:: Trustees 13:: The administration of trusts 14:: Dispositive powers and duties 15:: Fiduciary duties Part VII: Variation of Trusts 16:: The variation of trusts Part VIII: Breach of Trust and Fiduciary Duty 17:: Liability for breach of trust and fiduciary duty 18:: Personal claims and remedies 19:: Proprietary claims and remedies 20:: Personal liability of third parties
£45.99
Oxford University Press Trusts Equity
Book SynopsisTrusts & Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its central issues, outlining the key perspectives with clarity and rigour.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include: Video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subject Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you tTrade ReviewReview from previous edition This is an excellent textbook which strikes a perfect balance. Watt has a wonderful writing style which makes complex issues understandable for all students, making this textbook an invaluable study aid. * Dr Claire-Michelle Smyth, University of Brighton *Once again, Gary Watt has produced one of the leading texts in equity and trusts. Watt is able to present complex ideas and notions clearly and simply, and students will be sure to benefit from this excellent textbook. * Dr Tom Frost, University of Sussex *Watt focuses on the relevant areas of equity and trusts, providing readers with a broad, but nevertheless rigorous, knowledge and understanding of the subject area. An accessible and important source of information. All in all, a very good book. * Dr Lloyd Brown, University of Birmingham *Table of ContentsPart I: Introduction to Trusts and Equity 1: Foundations 2: Trusts in context Part II: Creation and Recognition of Trusts 3: Trusts created expressly 4: Effective disposition of benefit: constitution of trusts 5: Ineffective disposition of benefit: resulting trusts 6: Formality, perpetuity, and illegality: trust creation and public policy I 7: Charity: trust creation and public policy II 8: Constructive trusts and informal trusts of land Part III: The Regulation of Trusts 9: Flexibility of benefit 10: The fiduciary duty 11: Fulfilling and filling the office of trustee 12: Trustee investment 13: Breach of trust: the personal liability of trustees Part IV: Trusts and Third Parties 14: Tracing and recovering trust property 15: The equitable personal liability of strangers to the trust Part V: Equity 16: Equitable maxims, doctrines, and remedies
£42.99
Taylor & Francis Ltd Equity and Trusts
Book SynopsisKey Facts Key Cases: Equity & Trusts will ensure you grasp the main concepts of your Equity & Trusts module with ease. This book explains the facts and associated case law for: The nature of a trust, the creation of express private trusts and purpose trusts Constitution of trusts Types of trust: secret, protective and discretionary, resulting and constructive and charitable Trusteeship and the powers and duties of trustees Varying trusts Breach of trust and available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear rTable of ContentsPreface, 1. Introduction to Equity and Trusts, 2. The Creation of Express Private Trusts, 3. Purpose Trusts, 4. Constitution of Trusts, 5. Secret Trusts, 6. Protective and Discretionary Trusts, 7. Resulting Trusts and Constructive Trusts, 8. Charitable Trusts, 9. The nature of Trusteeship, 10. The Duties of the Trustees, 11. The Powers of the Trustees, 12. Variation of Trusts, 13. Breach of trust and Remedies
£36.99
Bloomsbury Publishing PLC Trusts Law Macmillan Law Masters
Book SynopsisCharlie Webbis an Associate Professorin the Department ofLaw at the London School of Economics and Political Science, UK.Tim Akkouh is a Barrister at Erskine Chambers in London. He specialises in trusts, commercial, civil fraud and insolvency litigation.Table of Contents1. An Introduction to Equity and Trusts 2. Basic Concepts and Principles 3. Certainty 4. Purpose Trusts 5. Charitable Trusts 6. Formalities 7. Constitution and Promises to Create Trusts 8. Resulting Trusts 9. Constructive Trusts 10. Fiduciary Obligations 11. Non-fiduciary Obligations 12. The Administration of Trusts 13. Breach of Trust and Trustees' Liability 14. Proprietary Claims and the Liability of Third Parties 15. Injunctions 16. A Trust in Practice.
£37.79
Pearson Education Limited Trusts and Equity
Book SynopsisRichard Edwards, LLB, LLM, was a Principal Lecturer in Law at APU (now Anglia Ruskin University). Nigel Stockwell, BA, LLB Barrister, is a Visiting Fellow, formerly Senior Lecturer, at Anglia Ruskin University. Table of ContentsPreface Publisher's acknowledgements Table of cases Table of statutes and statutory instruments Chapter 1 Growth of equity and the evolution of the trust Chapter 2 The maxims of equity Chapter 3 Trusts today Chapter 4 The requirements of an express trust Chapter 5 Powers and discretionary trusts Chapter 6 Setting trusts aside Chapter 7 Unlawful trusts Chapter 8 Variation of trusts Chapter 9 Purpose trusts Chapter 10 Charitable trusts Chapter 11 Resulting trusts Chapter 12 Constructive trusts Chapter 13 Shared homes Chapter 14 The office of trustee: appointment, retirement and removal Chapter 15 Trustees’ powers Chapter 16 Trustees’ duties Chapter 17 Remedies for breach of trust Chapter 18 The equitable doctrines Chapter 19 Equitable remedies Glossary Index
£46.99
Oxford University Press Pearce Stevens Trusts and Equitable Obligations
Book SynopsisPearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and contextualized account of the law of equity and trusts.Table of ContentsPart I The Importance of Equity 1: What is equity? 2: Equitable obligations 3: Equity and the management of property 4: Equitable remedies in modern English law Part II Creating the Relationship 5: Certainty 6: Constitution of trusts 7: Formalities 8: Policy limits Part III Resulting and Constructive Trusts 9: Resulting trusts 10: Constructive trusts Part IV Equity in Action: The Family Home 11: The family home in context 12: Determining interests in the family home through trusts 13: The evolution of rights in the family home 14: Proprietary estoppel 15: Family homes: Postscript Part V Equity in Society 16: Clubs and societies 17: Wills and intestate succession 18: Secret trusts Part VI Charitable Trusts 19: The role and status of charities 20: Charitable purposes 21: Public benefit 22: Cy-près: redistributing funds and changing purposes 23: Control and regulation of charitable trusts Part VII Allocation of Benefit 24: Choosing who benefits 25: Fixed trusts 26: Powers of appointment 27: Discretionary trusts 28: Powers of maintenance and advancement 29: Variation of beneficial interests Part VIII Managing Trust Property 30: Management and delegation 31: Investment 32: Appointing and changing trustees Part IX Controlling Trustees and Fiduciaries 33: Need for control 34: Remedies against the trustee for breach of trust 35: Fiduciary duties of trustees and other fiduciaries 36: Limitation of action Part X Recovering Trust Property 37: Remedies against strangers to the trust 38: Tracing
£48.99
Bloomsbury Publishing PLC Justice in Private Law
Book SynopsisThis book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.Table of Contents1. Introduction 2. Theories of law 3. The structure of private law 4. The distributive justice theory of private law 5. The corrective justice theory of private law 6. The standpoint limitation approach 7. The standpoint limitation applied to tort and contract 8. Private property 9. Private property rights and claims 10. The common law
£85.00
Oxford University Press Deathbed Gifts: The Law of Donatio Mortis Causa
Book SynopsisThis book is the first extensive treatment of deathbed gifts in English law to be published. Such gifts are sometimes made by donors who, when facing impending death, transfer their property conditionally on death. It is a fascinating area of the law containing rules which have their origins in Roman Law, and which have continued to be been developed in modern law combining aspects of the laws of succession, trusts and personal property. Deathbed Gifts provides a detailed exposition and analysis of the current rules. It also traces the origins of the law and examines its continued development by the courts. The subject is represented by a rich case law including recent Court of Appeal decisions; a comprehensive summary of the case law is included.
£52.00
£14.98
Oxford University Press Equity and Trusts Concentrate
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£14.99
Oxford University Press, USA Pardons Justice Mercy and the Public Interest
Book SynopsisKathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.Trade ReviewMoore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. * M.A. Foley, Marywood College, Social and Behavioral Sciences *
£32.29
Clarendon Press Commercial Aspects of Trusts and Fiduciary Obligations OxfordNorton Rose Law Colloquium
Book SynopsisThe theme of the essays in this volume recognizes the continuing practical importance of equity in the law today. It focuses on the commercial context, in particular the fiduciary obligations of those in whom trust or confidence is reposed and in the consequences of any breach of those obligations.Trade Review'immense value ... there are 11 first rate papers on equity operating ... in a commercial context ... not a book to be dipped into, but one to be devoured whole' Paul Matthews, Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsPart 1 Statutory regulation of financial services and general fiduciary obligations: fiduciary law and the modern commercial world, Paul Finn. The statutory regulation of financial services in the United Kingdom and the development of Chinese Walls in managing conflicts of interest, Peter Graham; The relationship between regulations governing the financial services industry and fiduciary duties under the general law, Jack Beatson. Part 2 Directors' duties to shareholders, creditors, and employees: directors, creditors and shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, Paul L.Davies; Directors' duties to shareholders, employees and other creditors - a view from the continent, Klaus J.Hopt. Part 3 Trusts in the recovery of misapplied assets: the recovery of a director's improper gains - proprietary remedies for infringement of non-proprietary rights, Roy Goode; Trusts in the recovery of misapplied assets - tracing, trusts, and restitution, Peter Birks; The treatment of trust assets in English insolvency law, Hamish Anderson. Part 4 Asset protection for multinational companies and their shareholders: asset protection for multination corporations, Harry Wiggin; The adaptation of the asset protection trust for use by the multinational corporation - the American perspective, Jeffrey Schoenblum.
£245.00
Clarendon Press The Law of Tracing
Book SynopsisThe law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to ''launder'' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
£208.91
Clarendon Press Trends in Contemporary Trust Law
Book SynopsisThis collection of essays demonstrates the continuing vitality and commercial importance of trusts in the Common Law world. Trusts is a subject that continues to excite interest with its mixture of sophisticated thinking and practical applications.
£175.00
Oxford University Press Equity
Book SynopsisThis second edition of Sarah Worthington''s Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself.Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity''s most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accesTrade ReviewReview from previous edition "...she writes in simple and meaningful terms (without being simplistic) and generally without sacrificing accuracy" Common Law World Review"...her analysis of the issues is clear and crisp." Common Law World Review"Worthington has produced a monumental work...No one who is interested in the future development of the law will want to be without it; and no one who has any part to play in that process can afford to be." The Rt Hon The Lord Millett"An excellent example of Worthington's lucid style is provided by her exposition of 'mere equity', a concept that most law students (and, I am sure, many equity and property lawyers) struggle to come to grips with." Common Law World ReviewTable of ContentsINTRODUCTION; PROPERTY; CIVIL WRONGS; CONTRACT; UNJUST ENRICHMENT; CONCLUSION
£44.64
Becky Badalato Yup Im DeadNow What The Deluxe Edition A Guide to My Life Information Documents Plans and Final Wishes
£18.99
Bloomsbury Publishing (UK) Great Debates in Equity and Trusts Great Debates in Law
Book SynopsisAlastair Hudson is Professor of Equity and Finance Law at the University of Southampton, UK. He is a UK National Teaching Fellow, a Fellow of the Royal Society of Arts and a Fellow of the Higher Education Academy.
£33.99
Xlibris Us The Trust Bible
£14.95
£7.90
Createspace Independent Publishing Platform Law of Equity and Trusts Outlines Diagrams and Study Aids Volume 7 VisuaLaw Study Guides
£23.44
Bloomsbury Publishing PLC The Quistclose Trust: Critical Essays
Book SynopsisThe so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.Trade ReviewAll students and practitioners who are required to deal with trust relationships should read this book, as it is a masterclass of learning and insight on the subject of trusts. Martin Palmer Journal of International Trust and Corporate Planning August 2004 ...it must be emphasised that this is an excellent collection of essays. The level of learning and scholarship contained therein is remarkable. From a practical perspective, this book has further confirmed that the Quistclose trust analysis remains somewhat unstable and lenders are better off relying on the conventional security, rather than structuring transactions around a Quistclose trust. From a personal perspective, the reviewer feels privileged to be able to review a book that contains Professor Birks' last published word on the subject of Quistclose trust. Look Chan Ho Journal of Business Law November 2004Table of Contents1. Rolls Razor Ltd Robert Stevens 2. Orthodoxy William Swadling 3. Lord Millett’s Analysis James Penner 4. Understanding the Power Lionel Smith 5. Restrictions on the Use of Money Robert Chambers 6. Retrieving Tied Money Peter Birks 7. Commerce Ewan McKendrick 8. Insolvency Robert Stevens 9. Scotland George Gretton
£80.00
Bloomsbury Publishing PLC Landmark Cases in Equity
Book SynopsisLandmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.Table of Contents1. The Earl of Oxford's Case (1615) David Ibbetson 2. Coke v Fountaine (1676) Mike Macnair 3. Grey v Grey (1677) Jamie Glister 4. Penn v Lord Baltimore (1750) Paul Mitchell 5. Burgess v Wheate (1759) Paul Matthews 6. Morice v Bishop of Durham (1805) Joshua Getzler 7. Tulk v Moxhay (1848) Ben McFarlane 8. Prince Albert v Strange (1849) Lionel Bently 9. Ramsden v Dyson (1866) Nick Piška 10. Bishop of Natal v Gladstone (1866) Charlotte Smith 11. Earl of Aylesford v Morris (1873) Catharine MacMillan 12. Re Hallett's Estate (1879–80) Graham Virgo 13. North-West Transportation Co Ltd v Beatty (1887) Lionel Smith 14. Rochefoucauld v Boustead (1897) Ying Khai Liew 15. Re Earl of Sefton (1898) Chantal Stebbings 16. Nocton v Lord Ashburton (1914) James Edelman 17. Regal (Hastings) Ltd v Gulliver (1942) Richard Nolan 18. National Anti-Vivisection Society v Inland Revenue Commissioners (1948) Jonathan Garton 19. National Provincial Bank Ltd v Ainsworth (1965) Alison Dunn 20. Boardman v Phipps (1967) Michael Bryan 21. Pettitt v Pettitt (1970) and Gissing v Gissing (1971) John Mee 22. Paragon Finance plc v DB Thakerar & Co (a firm) (1999) Christian Daly and Charles Mitchell
£92.73
Taylor & Francis Ltd Property Law Statutes 20122013 Routledge Student
Book SynopsisFocused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offers a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: Exam Friendly: un-annotated and conforming to exam regulations Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have Table of ContentsContents Preface vii Guide to the Companion Website viii Prescription Act 1832 1–3 Wills Act 1837 3–10 Common Law Procedure Act 1852 10–11 Wills (Soldiers and Sailors) Act 1918 11–12 Law of Property Act 1922 12–14 Settled Land Act 1925 14–36 Trustee Act 1925 36–62 Law of Property Act 1925 62–153 Land Registration Act 1925 154–174 Administration of Estates Act 1925 175–199 Law of Property (Amendment) Act 1926 199–200 Landlord and Tenant Act 1927 200–202 Law of Property (Entailed Interests) Act 1932 203 Leasehold Property (Repairs) Act 1938 203–204 Intestates’ Estates Act 1952 204–207 Landlord and Tenant Act 1954 Charitable Trusts (Validation) Act 1954 207–209 Recreational Charities Act 1958 209–210 Variation of Trusts Act 1958 210–211 Rights of Light Act 1959 211–214 Perpetuities and Accumulations Act 1964 214–219 Law of Property (Joint Tenants) Act 1964 220 Wills Act 1968 220–221 Law of Property Act 1969 221–223 Administration of Justice Act 1970 223–224 Matrimonial Proceedings and Property Act 1970 224 Powers of Attorney Act 1971 225–226 Defective Premises Act 1972 Land Charges Act 1972 226–237 Administration of Justice Act 1973 237–238 Consumer Credit Act 1974 238–244 Inheritance (Provision for Family and Dependants) Act 1975 244–263 Local Land Charges Act 1975 263–265 Rentcharges Act 1977 265–267 Protection from Eviction Act 1977 267–271 Criminal Law Act 1977 271–275 Charging Orders Act 1979 275–278 Limitation Act 1980 278–290 Highways Act 1980 291–292 Senior Courts Act 1981 293–297 Forfeiture Act 1982 297–299 Administration of Justice Act 1982 299–300 County Courts Act 1984
£36.99
Edinburgh University Press Trusts and Patrimonies
Book SynopsisFocusing on the private law of England, Scotland, France, Quebec and the Netherlands, this volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept.
£90.25
Pearson Education Trusts and Equity MyLawChamber pack
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£47.32
Bloomsbury Publishing PLC Key Ideas in Trusts Law
Book SynopsisThis book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.Trade ReviewMcBride is a master craftsman, who has turned his eye to a difficult and sometimes underappreciated subject. His comments are perceptive, and drawn from his wide knowledge of English private law. His analysis is (customarily) sharp. It is a very impressive text. I have recommended it to all my incoming students as a text to read in advance of their trusts studies. -- Julius Grower * University of Oxford *Well-written and engaging, and gets to some of the key debates. Very useful in that it allows you to get an overview of surrounding topics and thus delve deeper. -- Derek Whayman * Newcastle University *A very useful and thoughtful book which provides a good foundation for the course, whilst being challenging and thought-provoking. -- Graham Virgo * University of Cambridge *This is a very good, short title, integrating recent developments in trust law and practice worldwide into the basic description of the subject. Such integration has long been desirable. I think the book does an excellent job; most trusts titles are so bulky, while this book achieves the necessary revamping and modernization within a modest frame. -- Adam Hofri-Winogradow * University of British Columbia *This is one of the best short introductory books on trusts to be written in recent years. -- Nick Piska * University of Kent *Table of Contents1. Foundations 2. Persons and Purposes 3. Intended and Imposed 4. Trustees and Third Parties 5. Pandora’s Box
£16.72
Bloomsbury Publishing PLC Inheritance Matters: Kinship, Property, Law
Book SynopsisThis book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about ‘passing on’, ‘legacies’, and ‘heirlooms’; troubles some of the enduring consequences of ‘charitable bequests’, ‘family money’, and ‘estate planning; and, deepens our understanding of the intimate and political practices of inheritance.Table of Contents1. Introduction: Why Inheritance? Daniel Monk ( University of London, UK) and Suzanne Lenon (University of Lethbridge, Canada) Part One: Foregrounding Inequalities – Past and Present 2. Defining Family Trees and Building Family Fortunes: A Look into Dispossession and Enrichment Through Inheritance Laws, Allison Tait (University of Richmond, UK) 3. ‘My Reputed Children’: Legacies of Enslavement in Atlantic-Island Wills, Anne Bottomley (Kent Law School, UK) 4. ‘Charitable Inclinations’: Women’s Bequests to Ireland’s Magdalene Laundries, Máiréad Enright (Birmingham Law School, UK) Part Two: Legal Fiction and Wills in Fiction 5. Surnames and Inheritance: Will-Plotting and Female Economic Power in the Eighteenth-Century Novel, Jolene Zigarovich (University of Northern Iowa, USA) 6. Murder, Inheritance and Family Provision in the Golden Age of English Detective Fiction, Rebecca Probert (Exeter University, UK) Part Three: Resistance, Rights and Agency 7. The Story of the Pink Cat: An Exploration of the Ways Care-Experienced People Navigate Inheritance, Delyth Edwards (University of Leeds, UK) and Rosie Canning (University of Southampton, UK) 8. Queer Property, Russell Perkins (Artist, USA) 9. Sentimental Value: Keeping Inheritance in the Family, Sarah Gilmartin (Lancaster University, UK) and Anita Purewal (Lancaster University, UK) Part Four: Adjudicating Inheritance/Adjudicating ‘Family’ 10. How Social Norms and Values Influence the Balance between Wills Variation Claimants and Testators, Allison A Cartier (Juris Doctor, Canada) 11. Testamentary Freedom in Debate: The Prerequisite of the Notary to Pass Down and to Inherit, Corinne Delmas (Université Gustave Eiffel, France) 12. Children in Need and the Great Intergenerational Wealth Transfer: Squaring the Impossible Circle of Testamentary Freedom, Family Obligations and the Role of the State, Heather Conway (Queen’s University Belfast, UK) and Sheena Grattan (TEP, UK) Part Five: Looking Backwards into the Future 13. The Power of Blood: How Succession Law’s Reliance on DNA Reinvigorates White Supremacy and the Politics of Biological Privilege, Danaya C Wright (University of Florida, USA) 14. Women, Property and Agency: Contours of Matrilineal Inheritance among the Nayars in Kerala, India, Lekha N B (Sree Narayana College, India) and Antony Palackal (University of Kerala, India) 15. Egalitarianism or Just a Need for Revenues? Debates on Inheritance Taxation in Scandinavia, Martin Dackling (Lund University, Sweden) 16. Émile Durkheim’s Proposal to Abolish Inheritance, Mélanie Plouviez (Côte d’Azur University, France)
£85.50
Dundee University Press Ltd Trusts Essentials
Book Synopsis
£18.99
John Wiley & Sons Inc The Complete Book of Trusts
Book SynopsisA new, updated edition of the ultimate guide to trusts Trusts are powerful and flexible financial planning tools, and this new edition of The Complete Book of Trusts covers everything you need to know to protect your hard-earned assets from taxes, creditors, and more.Table of ContentsPART ONE: UNDERSTANDING THE BUILDING BLOCKS OF A TYPICAL TRUSTS. Overview of Trusts. The Trust Document: Basic Building Blocks. Transferring Assets to Your Trust. Grantor's Rights and Powers. Designations and Rights of Beneficiaries. Fiduciary Rights, Powers and Obligations. Investment Standards and Decisions. Distribution of Income and Principal. Miscellaneous Trust Provisions and Exhibits. PART TWO: TAX CONSEQUENCES OF TRUSTS. Planning for the Gift and Estate Tax. Planning for the Generation Skipping Transfer Tax. How Trusts and Beneficiaries are Taxed. PART THREE: TRUSTS FOR DIFFERENT PEOPLE AND ORGANIZATIONS. Trusts for Yourself. Trusts for Your Spouse. Trusts for NonMarried Partners. Trusts for Children and Others. Trusts for Charities. PART FOUR: TRUSTS FOR SPECIFIC TYPES OF ASSETS. Trusts to Protect Your Assets. Life Insurance Trusts. Trusts for Securities. Trusts for Business Asstes. Trust for Real Estate. Trusts for Pensions and Employee Benefits. PART FIVE: TERMINATION OF YOUR TRUST. Trust Termination. Index.
£19.54
John Wiley & Sons Inc Private Equity
Book SynopsisPraise for Private Equity Harold Bierman has blended an excellent mix of important principles with real case study examples for a better understanding on a rather sophisticated finance subject. -Edward M. Dudley, Vice President & General Auditor, ABB Americas The role of private equity firms in financing buyouts as well as providing growth capital has expanded significantly in the past decade. In a clear, concise way, Harold Bierman provides a timely and astute analysis of the virtues of private equity as well as creative quantitative methodologies that are applicable to real-life transactions. This book should become essential reading for investors, intermediaries, financial advisors and the management of private, almost private, or soon-to-be private firms. -James A. Rowan Jr., Managing Director, Investment Banking Legg Mason Wood Walker, Inc. As the private equity asset class has grown to over $300 billion in the last three yeTable of ContentsThe Many Virtues of Private Equity. Valuing the Target Firm. Structuring and Selling the Deal. A Changed Dividend Policy. A Changed Capital Structure. Merchant Banking. Operations: The Other Factor. The Many Virtues of Going Public. A Partial LBO: Almost Private Equity. Metromedia. LBO of RJR Nabisco (1988). Marietta Corporation (1994-1996). The Managerial Buy-out of United States Can Company (2000). Phillips Petroleum, Mesa and Icahn (1984-1985). Owens-Corning Fiberglas Corporation (1986).
£71.25
Edward Elgar Publishing Ltd Equity and Trusts
Book SynopsisThis review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area. Table of ContentsContents: Introduction Lionel Smith and Alexandra Popovici PART I EQUITY 1. Frederic William Maitland ([1909] 1929), ‘Lectures I and II: The Origins of Equity’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 1–11, 12–22 2. Paul D. Finn (1989), ‘The Fiduciary Principle’, in T. G. Youdan (ed.), Equity, Fiduciaries and Trusts, Chapter 1, Carswell, Toronto, Canada: Law Book Company, 1–56 3. Bernard Rudden (1992), ‘Equity as Alibi’, in Stephen Goldstein (ed.), Equity and Contemporary Legal Developments, Jerusalem, Israel: Hebrew University of Jerusalem, 30–45 4. Sarah Worthington (1999), ‘Fiduciaries: When is Self-Denial Obligatory?’, Cambridge Law Journal, 58 (3), November, 500–08 [9] 5. Steven B. Elliott and Charles Mitchell (2004), ‘Remedies for Dishonest Assistance’, Modern Law Review, 67 (1), January, 16–47 6. Joshua Getzler (2006), ‘Rumford Market and the Genesis of Fiduciary Obligations’, in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law: Essays in Memory of Peter Birks, Chapter 31, Oxford, UK and New York, NY, USA: Oxford University Press, 577–98 7. Maurizio Lupoi (2009), ‘”Trust and Confidence”’, Law Quarterly Review, 125, April, 253–87 8. Charles Mitchell (2013), ‘Equitable Compensation for Breach of Fiduciary Duty’, Current Legal Problems, 66 (1), January, 307–39 9. Andrew Kull (2014), ‘Ponzi, Property, and Luck’, Iowa Law Review, 100 (3), March, 291–322 10. Paul B. Miller (2014), ‘The Fiduciary Relationship’, in Andrew S. Gold and Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 63–90 11. Irit Samet (2016), ‘Fiduciary Law as Equity’s Child’, in Paul B. Miller and Andrew S. Gold (eds), Contract, Status, and Fiduciary Law, Chapter 6, Oxford, UK and New York, NY, USA: Oxford University Press, 139–66 12. Remus Valsan (2016), ‘Fiduciary Duties, Conflict of Interest, and Proper Exercise of Judgment’, McGill Law Journal, 62 (1), September, 1–40 13. Henry E. Smith (2017), ‘Fusing the Equitable Function in Private Law’, in Kit Barker, Karen Fairweather and Ross Grantham (eds), Private Law in the 21st Century, Chapter 9, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 173–95 PART II TRUSTS 14. Frederic William Maitland ([1909] 1929), ‘Lecture III: Uses and Trusts’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 23–42 15. Joseph R. Long (1922), ‘The Definition of a Trust’, Virginia Law Review, 8 (6), April, 426–33 16. D.W.M. Waters (1967), ‘The Nature of the Trusts Beneficiary’s Interest’, Canadian Bar Review, 45 (2), March, 219–83 17. Roger Cotterrell (1987), ‘Power, Property and the Law of Trusts: A Partial Agenda for Critical Legal Scholarship’, Journal of Law and Society, 14 (1), Spring, 77–90 18. David Hayton (1996), ‘The Irreducible Core Content of Trusteeship’, in A. J. Oakley (ed.), Trends in Contemporary Trust Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 47–62 19. George L. Gretton (2000), ‘Trusts Without Equity’, International and Comparative Law Quarterly, 49 (3), July, 599–620 20. Robert Chambers (2002), ‘Liability’, in Peter Birks and Arianna Pretto (eds), Breach of Trust, Chapter 1, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 1–40 21. Paul Matthews (2002), ‘From Obligation to Property, and Back Again? The Future of Non-Charitable Purpose Trust ’, in David Hayton (ed.), Extending the Boundaries of Trusts and Similar Ring-Fenced Funds, The Hague, the Netherlands: Kluwer Law International, 203–41 22. Tony Honoré (2003), ‘Trusts: The Inessentials’, in Joshua Getzler (ed.), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn, Chapter 1, London, UK: LexisNexis Butterworths, 7–20 23. John H. Langbein (2004), ‘Mandatory Rules in the Law of Trusts’, Northwestern University Law Review, 98 (3), March, 1105–27 24. Paul Matthews (2006), ‘The Comparative Importance of the Rule in Saunders v. Vautier’, Law Quarterly Review, 122, April, 266–94 25. Lionel D. Smith (2008), ‘Trust and Patrimony’, Revue Générale de Droit, 38 (2), November, 379–403 26. Ben McFarlane and Robert Stevens (2010), ‘The Nature of Equitable Property’, Journal of Equity, 4, March, 1–28 27. Lusina Ho (2013), ‘Trusts: The Essentials’, in Lionel Smith (ed.), The Worlds of the Trust, Chapter 2, Cambridge, UK: Cambridge University Press, 1–20 28. J.E. Penner (2014), ‘Distinguishing Fiduciary, Trust, and Accounting Relationships’, Journal of Equity, 8, 202–34 29. Alexandra Popovici (2015), ‘Trusting Patrimonies’, in Remus Valsan (ed.), Trusts and Patrimonies, Chapter 9, Edinburgh, UK: Edinburgh University Press, 199–220 30. Robert Chambers (2016), ‘The End of Knowing Receipt’, Canadian Journal of Comparative and Contemporary Law, 2 (1), March, 1–32 31. Ying Khai Liew (2016), ‘Reanalysing Institutional and Remedial Constructive Trusts’, Cambridge Law Journal, 75 (3), November, 528–49 32. Alexandra Braun (2017), ‘The State of the Art of Comparative Research in the Area of Trusts’, in Michele Graziadei and Lionel Smith (eds), Comparative Property Law: Global Perspectives, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 121–49 33. John Mee (2017), ‘The Past, Present, and Future of Resulting Trusts’, Current Legal Problems, 70 (1), December, 189–225 34. Lionel Smith (2017), ‘Massively Discretionary Trusts’, Current Legal Problems, 70 (1), December, 17–54 Index
£371.00
Liverpool University Press The Mob and The Mayor: Persecution of the
Book SynopsisThe Salvation Army is well known for its work with the poor and disadvantaged. There is, however, much more to the story of the Salvation Army than their highly commendable good works. They have been so closely identified with a programme of social action that their wider history has been marginalized. This history includes a period of astonishing levels of opposition and religious persecution which the Army faced in its early years. Many Salvationists were badly injured in violent street riots against them while at the same time facing imprisonment as the force of the law was brought to bear on their evangelism. Among all those places in Britain where the Salvation Army was persecuted, that in the south-coast town of Eastbourne during the 1880s and 1890s stands out as worthy of attention. The Sussex seaside resort played a hugely important part in the wider anti-Salvation Army narrative as it was in Eastbourne that opposition was among the most violent and protracted. Significantly and surprisingly, the vehemence and savagery was supported by the local Council and Mayor. The narrative of The Mob and The Mayor is chronological and entirely evidence based. It includes: Eyewitness accounts; newspaper reports; Parliamentary papers; Eastbourne Council & Watch Committee Meetings Minutes; and Salvation Army documents. Britain was at times at war with itself as the country came to terms with urban poverty resulting from the Industrial Revolution. The persecution of the Salvation Army at the Victorian seaside sheds a wider light on the struggles to promote social betterment for all.Trade Review"Eastbourne may seem the height of gentility now, but in the 1880s and 1890s it was the scene of violent persecution. Even the local council and mayor got in on the act. And the subject of their wrath? The Salvation Army. The better-off, who had retired to the town, found the Salvationist commitment to the poor and their evangelistic methods quite alien. The Army also angered the working-classes, who didnt wish to be admonished about the evils of drink. Skeleton armies targeted marching bands and riots broke out. The council made street marches a punishable offence, but the Salvationists carried on marching, suffering injury and jail. Who won? Read this absorbing tale to find out." -- Angela Wintle, Sussex Life, February 2021
£27.06
Edward Elgar Publishing Ltd Arbitration of Trust Disputes
Book SynopsisAs the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.Trade Review‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’ -- Sophie Nappert, Arbitrator, Gray's Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’ -- Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’ -- Dr. S.I. Strong, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction to the Arbitration Of Trust Disputes 2. (In-)arbitrability 3. Binding parties to trust arbitration clauses 4. Trust arbitration and due process: The ECHR and common law principles of natural justice 5. Representation of beneficiaries in arbitral proceedings 6. Conflicts of laws issues and The Hague Trust Convention 7. Existing statutory frameworks for trust arbitration 8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law 9. Issues to consider when drafting a trust arbitration clause Bibliography Index
£140.00
Springer Verlag, Singapore The Law of Emergency Powers: Comparative Common
Book SynopsisThis book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy. Trade Review“Discerning readers will find the book’s combination of academic rigour, practical insight and considerable forthrightness worthy of commendation.” (The Commonwealth Lawyer, Vol. 31 (1), April, 2021)Table of ContentsChapter 1 – The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms I. Ideas Underlying the Concept of Emergency Powers II. The Greek Period III. The Roman Dictatorship i. Appointment of Dictators ii. Limitations of Time iii. Non-Derogable Areas iv. Other limitations v. Some additional effects of use of emergency powers vi. The decline of the dictatorship IV. Ancient and Medieval IndiaChapter 2 – Martial Law: A Comparative Analysis of the USA, the UK, and India I. IntroductionII. A Brief History of Martial LawIII. Martial Law in the United Statesi. Military Law, Military Government and Martial Lawii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Lawiii. State of Insurrection and State of Wariv. Historical Instances of Use of Forcev. Is Martial Law Constitutional in USA?vi. Proclamation of Martial Lawa. Identity of Proclaimerb. Nature and Content of Proclamationsc. Necessity and Effect of Proclamationsvii. Permissible consequences of Martial Lawa. Exercise of powers in absence of trial of civilians by military tribunalsb. Trials of civilians by military tribunalsviii. Suspension of the writ of Habeas Corpusa. Martial Law and Suspension of Writ of Habeas Corpus differentiatedb. Who may suspend the writ?IV. Martial Law in Englandi. Historical Evolution and Significant Instances of Useii. Martial Law: Prerogative or Common Law?iii. Proclamations of Martial LawV. Martial Law in Indiai. Pre-Independence Judicial Opinionii. Post-Independence Judicial Opinioniii. Can Martial Law be proclaimed under article 34? An alternative view: Historical Analysis of article 34Chapter 3 – Military Acting in Aid of Civilian Authority I. IntroductionII. Use of Military in Situations not amounting to Martial Law in the United Statesi. The National Guardii. Some instances of use of the military in aid of civil authorityiii. Distinctions between martial law and use of military in aid of civil authorityiv. Principles governing liability of Guardsmen and Higher Officersa. General Principlesb. False arrest and imprisonmentc. Use of excessive forced. Immunity, if any?v. Judicial review of actions of Guard in other situationsvi. Use of force by the Federal Government: The Debs PrincipleIII. Military Acting in Aid of Civil Authority in UKi. Distinction between martial law and military acting in aid of civil authorityii. Historical evolution and current status of the civil decision to deploy militaryiii. Judicial review and some other issues IV. India: No direct comparative jurisprudence exists though some principles are summarizedChapter 4 – Judicial Independence and Economic Emergency with Special Focus on India I. IntroductionII. Economic Emergency under the Indian ConstitutionIII. Financial Independence of the Judiciaryi. Judicial Salaries and Judicial Independenceii. Judicial Salaries and the Question of Independence in the United StatesIV. Financial Independence of Judiciary under the Indian ConstitutionV. Judicial Review of Reduction of Judicial Salaries during an Economic Emergencyi. Colorable Exercise of Powerii. Fundamental Rights Violationiii. Judicial Review and Basic Structure Constitutionalism ConclusionChapter 5 – Emergency Powers in India I. Historical overview of Emergency Powers in Pre-Indepenent Indiai. Pre-British Indiaii. Company Rule: 1600-1857iii. Direct British Rule Prior to First World War: 1858-1914iv. First World War: 1914-18v. Inter War Years: 1919-39vi. Second World War and Independence: 1939-47 II. Emergency Powers in the Indian Constitutioni. Introductoryii. Travaux Preparatories Relating to Constitutional Provisionsiii. Changes in Emergency Provisions During and After 1975iv. Some legal aspects of Emergency Powersa. Proclamation of Emergencyb. Effects of Emergencyv. Post-Independence Emergenciesa. War Emergenciesb. The 1975 Peacetime Emergencyc. Detentionsd. The Press and Media III. President’s Rule: A Sui Generis Emergency Poweri. Introductoryii. Constituent Assembly Debates Relating to Article 355, 356, and 357iii. Post-Independence Changes in Article 355, 356, and 357iv. Some legal aspects of President’s Rule in Indiaa. Role and Status of President and Governor during an article 356 Proclamationb. Duration of Effects of Action under an article· 356 Proclamation· Violation of Constitutional Provisions relating to Parliamentary scrutinyc. Legality of suspension of Assemblyd. Judicial Review and Article 356· State of Rajasthan v. Union of India· S. R. Bommai v. Union of India Post Bommai Development
£98.99
Oxford University Press CASES MATERIALS EQUITY TRUSTS 10E P
Book SynopsisIn a subject heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential reference source for students. The tenth edition contains a diverse range of relevant and interesting cases, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal materials are accompanied by non-legal literary texts with a view to making legal points more interesting and memorable. Gary Watt continues to combine the highly-regarded, rigorous scholarship and student-focused approach established through previous editions in his expertly-selected choice of materials and commentary. Utilizing key features as tools to assist students'' learning and revision, including questions, suggestions for further reading, and notes, Gary Watt threads the broad spectrum of equity case law together with his unique flair, making it an engaging and insightful companion to a course in trusts.Online Resource CentreThe tenth edition is supportTrade ReviewI think the text is a superb example of a particularly important type of textbook. It helps guide students in the application of their legal knowledge with certainty, detail, and rigour. The text is clear, well structured, and evidently written from a point of esteemed authority. * Chris Lloyd, Oxford Brookes University *This book is invaluable and, crucially, enjoyable; a combination many books do not possess. I do not hesitate to recommend it to students looking to purchase a cases and materials book. * Alexander Murray, Anglia Law School *Table of ContentsPART I: INTRODUCTION TO EQUITY AND TRUSTS; PART II: CREATION AND RECOGNITION OF TRUSTS; PART III: THE REGULATION OF TRUSTS; PART IV: TRUSTS AND THIRD PARTIES; PART V: EQUITY
£52.99
Taylor & Francis Ltd Legal Protection of Private Equity Investors in China
a huge range and FREE tracked UK delivery on ALL orders.
£39.99
Taylor & Francis Ltd Commonwealth Caribbean Law of Trusts
a huge range and FREE tracked UK delivery on ALL orders.
£171.00
Taylor & Francis Ltd Commonwealth Caribbean Law of Trusts
a huge range and FREE tracked UK delivery on ALL orders.
£68.39
Taylor & Francis Ltd Equity and Trusts Lawcards 20122013
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£35.14
Taylor & Francis Ltd Succession Wills and Probate
Book SynopsisSuccession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person''s estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator''s capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentialTable of Contents1. History 2. Will Substitutes 3. Nature and Characteristics of a Will 4. Capacity to Make a Will 5. Formalities for the Execution of Wills 6. Special Wills 7. Revocation of Wills 8. Alteration, Republication and Revival 9. Intestate Succession 10. The Classification and Failure of Gifts 11. Construction of Wills 12. Personal Representatives 13. Administration of Estates 14. Tax and Tax Planning 15. Family Provision 16.Problem Solving and Contentious Issues
£52.24
Taylor & Francis Ltd Succession Wills and Probate
a huge range and FREE tracked UK delivery on ALL orders.
£156.75
