Law: equity and trusts, foundations Books
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
£80.75
Bloomsbury Publishing PLC Equity Today: 150 Years after the Judicature
Book SynopsisThis book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has ‘fused’ with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.Table of ContentsPreface List of Contributors Table of Cases Table of Legislation PART I EQUITY AND EQUITIES 1. The Persistence of Equity: Lessons from the Trust Ben McFarlane 2. Equity’s Gloss on Authority Jessica Hudson 3. Section 25(6) of the Judicature Act 1873: A ‘Procedural’ Approach C.H. Tham 4. Equity and the Land Registration Act 2002: Form, Conscience, and the Judiciary Aruna Nair PART II MAXIMS AND DOCTRINES 5. The Mischief of Maxims William Swadling PART III EQUITABLE PROTECTION 6. Loose Ends in Accounting for Profits Lord Briggs of Westbourne 7. Judicature and Accounts Matthew Conaglen PART IV EQUITABLE REMEDIES 8. Equitable Damages The Honourable Justice Edelman 9. The Basic Structure of Rescission Steven Elliott KC 10. When are Negotiating Damages Available? John MCGhee KC 11. Specific Performance and the Reflective Loss Rule Janet O’Sullivan 12. Freezing Orders: Casting Off the Shackles of The Siskina? Paul S Davies PART V TRUSTS 13. Bankruptcy Protection for Trusts before the Judicature Acts David Fox PART VI ADMINISTRATION OF ASSETS 14. Wasting Away: Devastavit and the Judicature Act 1873 Simon Douglas PART VII SECURITIES 15. Equity in Codified Secured Transactions Law Magda Raczynska PART VIII INTERNATIONAL PERSPECTIVES 16. equity is not Equity Alexandra Popovici and Lionel Smith 17. Equitable Meta-Law: The Spectrum of Property Henry E Smith 18. Certainty of Loss of Chance in Equity Simone Degeling 19. Dishonesty and Unconscionability in Contractual Performance – A Role for Equity? The Honourable Madam Justice Mary V Newbury 20. Equity in Commerce: Too Much and Too Little? Man Yip Index
£95.00
Bloomsbury Publishing PLC Politics, Policy and Private Law: Volume I: Tort, Property and Equity
Book SynopsisThis is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
£85.50
Bloomsbury Publishing PLC Modern Studies in Property Law, Volume 12
Book SynopsisThis edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.Table of ContentsPreface List of Contributors Table of Cases Table of Legislation Part I: Boundaries of Property 1. A ‘bit’ Too Much? The Common Law’s Digital Dilemma, Sarah Green (Law Commission of England and Wales, UK) 2. Digital Assets as Property and the Challenges of Forced Judicial Activism, Andrew Ray (ANU College of Law, Australia), Damian Clifford (ANU College of Law, Australia) and Heather Roberts (ANU College of Law, Australia) 3. Treehold, William Swadling (University of Oxford, UK) Part II: Morality of Property 4. Against Conventionalism, Jeremy Waldron (New York University, USA) 5. Expanding the Categories of Negative Easements – Time for Change? Susan Pascoe (Middlesex University, UK) 6. ‘More in Hope than in Expectation’: The Legal Limits of Disinheriting Adult Children, Heather Conway (Queen’s University Belfast, UK) Part III: Leases and Co-Housing 7. Leases and the Nature of Co-ownership, Natalie Mrockova (University of Oxford, UK) and Luke Rostill (University of Oxford, UK) 8. Legal Structures and Restrictions on Alienation in Cohousing: A Comparative Analysis of English and French Law, Fabiana Bettini (University College London, UK) 9. Can a Consumerist Model of Law Reform Solve the Problems of Leasehold Tenure? Helen Carr (University of Southampton, UK), Caroline Hunter (University of York, UK), Carl Makin (University of York, UK) and Gwilym Owen (University of Bangor, UK) Part IV: Property and Equity 10. Proprietary Estoppel: Great Expectations and Detrimental Reliance, Lord Sales JSC (Justice, Supreme Court of the United Kingdom) 11. The Essential Similarity of Express Trusts in England, Japan and Quebec, Joyman Lee (University of Glasgow, UK) 12. Elucidating Equity in Pallant v Morgan, Joshua Teng (High Court of Malaya, Malaysia) 13. Subrogation, Marshalling, and Property, Rory Gregson (University of Cambridge, UK)
£114.00
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
Bloomberg Press The New Fiduciary Standard: The 27 Prudent
Book Synopsis
£32.29
Bloomberg Press PIPEs: A Guide to Private Investments in Public
Book Synopsis
£56.25
Skyhorse Publishing How to Plan and Settle Estates
Book SynopsisThis up-to-date, thorough, and authoritative guide clearly explains all of the complexities of planning and administering an estate. From wills, trusts, and powers of attorney to health-care directives and probate, everything you need to know is presented in an accessible, friendly style. This indispensable tool provides readers with: A step-by-step planning process In-depth coverage of Federal tax issues Helpful checklists Real-life examples An extensive glossary of terms Sample forms and documentsHow to Plan and Settle Estates is an invaluable resource for protecting loved ones, saving time and money, and reducing stress for anyone setting up or handling an estate.Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.
£12.34
Skyhorse Publishing Living Trusts for Everyone: Why a Will Is Not the
Book SynopsisReaders say it best: "Very informative." "Saved me a lot of money and headaches!" "Recommend it for everyone who has to plan estates for their elderly parents"Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one’s trust with no lawyers and no expense.Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients’ heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death. This updated edition includes new information on an array of subjects, including: Elimination of the federal estate tax for most estates due to increased exemption amounts Online assets The use of passwords, usernames, and websites Keeping trustees honest and the process of removing trustees for malfeasance Forms for simplifying the planning process Strategies to lower attorneys’ fees With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.Trade Review“Sharp makes a reasoned and strong case for the use of trusts as a complete alternative for wills. For roughly the cost of a lunch, Living Trusts for Everyone can . . . equip the average American with enough thoughtful questions to ensure that his or her lawyer is doing all that s/he can to protect that person’s assets. For that alone, it belongs on your reading list.” —Logan Lo, New York Journal of Books “If you want to know a good deal about estate planning and trusts but don’t want a four-hundred-page boring book to read, I highly, highly recommend getting this one. It’s short, to-the-point, and very informative.” —Free Money, Finance.com “Ronald Sharp explains trusts in clear and easy-to-understand language, including one truth most lawyers don’t want to admit: a trust is often better than a will and less costly!” —Lonnie Mclane, Estate & Tax Consultants, LLC
£10.99
American Bar Association Third-Party and Self-Created Trusts: A Modern
Book SynopsisWritten by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.Table of ContentsTABLE OF CONTENTSAcknowledgments ixAbout the Authors xiCHAPTER 1Introduction of Planning for Special Needs with Trusts 1I. Demographics 1A. The Costs of Long-Term Care 3B. Why Plan to Become Eligible for Public Benefits? 3II. History of Trust Planning 4A. Early Trust Practice (No Holds Barred) 4B. MQT 6C. OBRA ’93 8D. Medicaid Trusts 11III. Distinctions between Self-Settled and Third-Party Trusts 11A. When Can a Self-Settled Trust Actually Bea Third-Party Trust? 12IV. Examples of Various Public Benefits Programs 13V. SNT Requirements Summary 15VI. Vocabulary 15CHAPTER 2Ethical Issues and Fiduciary Representation 17I. Introduction 17II. Who Is the Client? 17A. First-Party Trusts: Is the Question, “Who Is the Client?”More Complicated? 19B. Third-Party SNTs: Is the Question, “Who Is the Client?”Easier to Answer? 21III. When an Attorney Represents the Trustee:The Ethical Issues 22IV. When the Attorney Is the Trustee (or Other Fiduciary) 27V. Does the Attorney for the Trustee Have Any Dutyor Liability to the Trust Beneficiary? 28VI. Ability to Share Information with Nonclient Beneficiary 32A. What about Privileged Information? Is That Protectedfrom Disclosure? 34VII. Always an Attorney Must Be Competent 36VIII. Conclusion 37CHAPTER 3Public Benefits 39I. Introduction 39II. Various Programs 39A. Supplemental Security Income 39B. SSDI 50III. Childhood Disability Benefits: Transitioning from SSI to SSDI 60A. Description of Programs 61B. Eligibility Requirements 62C. Proving Disability 62D. Medicare 64E. Medicaid 65F. Tips and Tricks 66IV. Federal Housing Programs under the U.S. Department of Housing and Urban Development 67A. Description of Programs 67B. Eligibility Rules 68C. Tips and Tricks 72CHAPTER 4First-Party Special Needs Trusts 77I. Introduction 77II. The Statutes and More 78III. The Program Operations Manual System 81IV. The State’s Medicaid Program 81V. The State’s Trust Code 81VI. Commentary 82VII. The Trust Is Irrevocable 84VIII. Sole Benefit 85IX. Source of Funds 86X. Distribution Standard 88XI. What Are “Special Needs”? 89XII. Some Specific Trust Provisions 89XIII. Submitting the SNT to the SSA for Approval 91XIV. Who Should Be the Trustee? 91XV. Case Law 92XVI. Creation 93XVII. Payback Requirements 95XVIII. Administrative Matters 96XIX. Spousal and Child Support 97CHAPTER 5Third-Party Special Needs Trusts 99I. Introduction 99II. What Is a Discretionary Trust? 100III. Distinctions of a Third-Party SNT from the First-Party SNT 104A. Why a Third-Party SNT? 104B. Who Is a Third Party? 109 vi Table of ContentsIV. Uniform Trust Code 110V. Inter Vivos or Testamentary? 114VI. Distribution Standard 116VII. Modification 124VIII. What the Courts Have to Say 126CHAPTER 6Modification, Reformation, Decanting, and Directed Trusts 131I. Introduction 131II. Modification 131A. Guidance from the Program Operations Manual System 134B. Modification: Applicability to Special Needs Trusts 134III. Reformation 142IV. Decanting 144A. Uniform Trust Decanting Act 145B. State Example: Florida’s Decanting Statute 147C. Decanting Cases 148V. Directed Trusts 152A. Case Law on Trust Directors 154CHAPTER 7Special Needs Trust Alternatives 157I. No SNT or Trust at All 157II. Achieving a Better Life Experience Accounts 158III. Qualified Disability Trusts 162A. Elements 164B. Taxation of Distributions 165C. Analysis 166IV. Sole Benefit Trusts 167A. Elements 168B. Analysis 169V. Settlement Protection/Preservation Trusts 171VI. Health Insurance under the Affordable Care Act 172 Table of Contents viiAPPENDICESAppendix A Self-Created Special Needs Trust 177Appendix B Third-Party Inter Vivos Trust 193Appendix C Checklist for First-Party Special Needs Trust Considerations for Interview and Drafting 209Appendix D Client Interview Questionnaire 213Appendix E Social Security Administration Notice Letter for Self-Settled Trust with Payback Language Based on SSA Step-Action from the Program Operations Manual System 221Appendix F Social Security Administration Letter for Third-Party Special Needs Trust, No Payback 229Appendix G Social Security Administration Step-Action from the Program Operations Manual System: SI 01120.203 Exceptions to Counting Trusts Established on or after January 1, 2000 233Appendix H Third-Party Special Needs Trust Information Schedule 237Appendix I Caregiver Letter 245Appendix J Trustee Letter 251Appendix K Choosing a Trustee Letter 265Appendix L Special Needs Alliance Trustees Handbook 273Appendix M Trust Distribution Standards (a Sampler) 291Appendix N ABLE Account, Special Needs, and Pooled Trust Comparison Chart 293Appendix O Transmittal 64 309Index 349
£115.82
Globe Law and Business Ltd A Practical Guide to the Transfer of
Book SynopsisThis text, first published by STEP in 2007 and now in its third edition, reviews the difficulties that arise on the transfer of trusteeships, particularly in respect of the negotiation of indemnities, and sets out a suggested approach. It contains: * a core section dealing with trusts governed by English law; * jurisdictional chapters, which explain the differences under local law for trusts governed by the laws of The Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Hong Kong, the Isle of Man, Jersey, New Zealand and Singapore; * precedent deeds of change of trustee for each of those jurisdictions; * a detailed drafting commentary; * a U.S. commentary which outlines general principles involved in the transfer of trusteeships of U.S. trusts and general tendencies among states, with a particular focus on the trusteeship laws of the State of New York; and * a table of references listing the statutes and cases, for ease of reference. The text is an essential reference work for any legal practitioners, trust company professionals and others involved in advising on the transfer of trusteeships.Trade ReviewEach chapter is tersely written, to get to the nub of the issues and the book includes chapters devoted to practice in various non-Australian jurisdictions including England... -- D W Marks QC * Queensland Law Reporter *In my view, ‘A Practical Guide to the Transfer of Trusteeships’ is the most relevant and, therefore, important work in the whole area of trusts and trusteeships. -- Edward Buckland * LGL Trustees, Trusts & Trustees *Table of ContentsForeword to the 1st edition 7 The Honourable Mr Justice David Hayton Table of legislation 9 Cases 13 STEP 15 1. Introduction 17 Richard Williams Queensland Bar 2. English law trusts 21 2.1 Statutory and express powers of retirement, removal and appointment 21 2.2 Trustees’ lien 29 Nicholas Le Poidevin QC New Square Chambers 2.3 Indemnities 35 Arabella Murphy Maurice Turnor Gardner LLP 2.4 Inspection and transfer of trust documents 43 Toby Graham Farrer & Co Richard Williams Queensland Bar 2.5 Contentious cases 51 Toby Graham Farrer & Co 2.6 Trustee indemnity insurance 55 Toby Graham Farrer & Co 3. Bahamian law trusts 61 Theo Burrows Higgs & Johnson 4. Bermuda law trusts 71 Craig MacIntyre Alec Anderson Conyers Dill & Pearman 5. British Virgin Islands law trusts 79 Christopher McKenzie O’Neal Webster (UK) LLP 6. Cayman Islands law trusts 87 Tony Pursall Mourant Ozannes 7. Guernsey law trusts 97 Alison MacKrill Appleby (Guernsey) LLP 8. Hong Kong law trusts 107 Richard Norridge Joanna Caen Herbert Smith Freehills 9. Isle of Man law trusts 123 John Rimmer Advocate John Rimmer 10. Jersey law trusts 127 Steve Meiklejohn Ogier 11. New Zealand law trusts 137 John Hart Barrister and Notary 12. Singapore law trusts 149 Yee Hoong Chua Withers KhattarWong 13. United States trusts 159 G Warren Whitaker, Day Pitney LLP 14. Commentary on the model precedents 171 Richard Williams Queensland Bar Charles Pitter Kleinwort Hambros Helen Ratcliffe Judith Morris Bircham Dyson Bell LLP 14.1 Format of the precedents and general comment 171 14.2 Overall approach to indemnities 174 14.3 Use of the precedents 175 14.4 Drafting comments on the precedents 176 14.5 Adapting the offshore precedents to suit other cases 195 Appendices 197 Precedents for the transfer of trusteeships Appendix A 197 English law precedents Helen Ratcliffe Bircham Dyson Bell LLP Appendix B 243 Bahamian law precedents Theo Burrows Higgs & Johnson Appendix C 255 Bermuda law precedents Craig MacIntyre Alec Anderson Conyers Dill & Pearman Appendix D 281 British Virgin Islands law precedents Christopher McKenzie O’Neal Webster (UK) LLP Appendix E 293 Cayman Islands law precedents Tony Pursall Mourant Ozannes Appendix F 319 Guernsey law precedents Alison MacKrill Appleby (Guernsey) LLP Appendix G 345 Hong Kong law precedents Richard Norridge Joanna Caen Herbert Smith Freehills Appendix H 357 Isle of Man law precedents John Rimmer Advocate John Rimmer Appendix I 383 Jersey law precedents Steve Meiklejohn Ogier Appendix J 403 New Zealand precedents John Hart Barrister and Notary Appendix K 429 Singapore law precedents Yee Hoong Chua Withers KhattarWong About the authors 441
£99.00
Globe Law and Business Ltd Trusts in Prime Jurisdictions: Fifth Edition
Book SynopsisAs globalisation continues apace, opportunities are arising for practitioners in trust jurisdictions that did not exist a few years ago. Growth continues in the traditional trust jurisdictions, especially in civil law jurisdictions where trusts and foundations have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by several common law jurisdictions that, until recently, have relied exclusively on trusts – notably Jersey and Gibraltar. The fifth edition of 'Trusts in Prime Jurisdictions' has been fully updated and features a number of new chapters on topics including trust and real estate trust in Israel, what it means to be a fiduciary family office, the role of the trust protector, Islamic (Waqf) trusts, and trusts in relation to divorce. In addition, new for this edition are chapters on Germany and Bermuda. Produced in association with STEP, this edition provides a solid grounding in the use of trusts in a wide range of important jurisdictions and contexts. It also examines related topics such as trust taxation, anti-money laundering laws, the OECD initiative, CRS, exchange of information, transparency of registers and the notion that countries are entitled to collect taxes beyond their borders, among others. Written by leading professionals and recognised academics, many of whom are STEP members, the fifth edition of 'Trusts in Prime Jurisdictions' will be an essential resource for all lawyers, trust practitioners and banking professionals working in the field.Trade ReviewThe Fifth Edition of Trusts in Prime Jurisdictions will be a valuable primer, an enabler of us asking the right questions of our opposite numbers in the other jurisdiction, even where it does not provide the answer. -- Richard CitronAs a lawyer from a civil law country, I am thankful for having had the possibility to review a two-volume book dealing with trusts, which has recently been updated and which greatly helped me bridge the gap and expand my knowledge. The editors of Trusts in Prime Jurisdictions (Alon Kaplan from Israel and Barbara R Hauser from the United States) are well-known practitioners. They have brought together more than 50 contributors, mostly from common law countries but also a few from civil law jurisdictions. -- Dr Niklas SchmidtTable of ContentsPreface Introduction Alon Kaplan Barbara R Hauser Part One: Introduction Hague Convention Hein Koetz Max-Planck Institut, International Academy of Comparative Law The Hague Convention on Trusts and the Uniform Code Michael W Galligan Phillips Nizer LLP Part Two: Jurisdictional Overview Australia Allan Blaikie Mathew Fenwick Clayton Utz Bermuda Keith Robinson Carey Olsen British Virgin Islands Christopher McKenzie Vanessa King O’Neal Webster Canada Rachel Blumenfeld Martin J Rochwerg Miller Thomson LLP Cyprus Emily Yiolitis Harneys Aristodemou Loizides Yiolitis LLC Cayman Islands Bernadette Carey Carey Olsen England and Wales Martyn Gowar Ziva Robertson McDermott Will & Emery UK LLP Germany Raoul Jacobs Bafin Guernsey Natasha Kapp Nina Silva Carey Olsen Gibraltar Moses J Anahory Wayne Fortunato James Levy QC Hassans Hong Kong India Ravi Nath Rajinder Narain & Co Israel Lyat Eyal Aronson, Ronkin-Noor, Eyal Law Firm Alon Kaplan Advocate and Notary Meytal Liberman Alon Kaplan Law Firm Japan Makoto Arai Chuo University, Tokyo Jersey Justin Harvey-Hills Mourant Ozannes Oliver Schmidt Allgemeines Treuunternehmen Liechtenstein trusts and foundations: creation and operation Dietmar Loretz Jacqueline Marxer David Vogt & Partner Trust reg Luxembourg Paulo Panico Paolo Panico’s Law Chambers – Private Trustees SA Malta Priscilla Mifsud Parker Chetcuti Cauchi Advocates New Zealand Quebec Marilyn Piccini Roy Robinson Sheppard Shapiro LLP Scotland Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA Switzerland Dominique Jakob University of Zurich Peter Picht Max Planck Institute for Innovation and Competition; University of Zurich The use of trusts in Switzerland Daniel Bader Daniel Leu Baer & Karrer Ltd United States Barbara R Hauser Independent Family Adviser The use of trusts for estate planning in the US Stanley A Barg Kozusko Harris Duncan Part Three: Special Topics Asset protection trusts Gideon Rothschild Moses & Singer LLP International trust litigation, jurisdiction and enforcement David Faust Faust Oppenheim LLP The trustee as fiduciary: some practical considerations David Faust Faust Oppenheim LLP Fiduciary responsibility Susan Schoenfeld Wealth Legacy Advisors LLC Trusts, trustees and family businesses Christian Stewart Family Legacy Asia (HK) Limited Settlor control and influence-through the use of settlor-reserved powers and private trust companies Paul Matthams Carey Olsen The UK Tax Treatment of Offshore Trusts Maggie Gonzalez Buzzacott LLP Trusts and money laundering Yehuda Shaffer Deputy State Attorney (Financial Enforcement) Israel International Family Governance Integration with Family Trusts Barbara R Hauser Independent Family Adviser Trust and Divorce Ziva Robertson McDermott Will & Emery UK LLP The trust protector – a mini revolution in trust law Alexander A Bove Jr Bove & Langa Law Firm The war on trusts Filippo Noseda Withers LLP Beneficial ownership registers of companies and trusts Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA
£265.50
Globe Law and Business Ltd Beneficial Ownership Registers: The STEP Handbook
Book SynopsisBeneficial ownership registers were introduced in the European Union (EU) under the 4th and 5th Anti Money Laundering Directive, with the ultimate goal of promoting increased transparency in the financial markets. Nevertheless, public access to the beneficial ownership information of companies and other legal arrangements, such as trusts, raises significant issues in relation to each individual's fundamental right to privacy, and consequently many EU member states are still struggling to strike the right balance between transparency and privacy. As a result, the implementation of beneficial ownership registers has been delayed in many EU member states and different legislative choices have been made in the various jurisdictions. Since beneficial ownership registers do not only apply to entities incorporated or administered in an EU jurisdiction, but may also extend to foreign entities with some business connection to that jurisdiction, it is essential to master these differences. This book, co-published with STEP, the world’s leading organisation for private wealth professionals, provides an in-depth analysis of the beneficial ownership registers legislation in a number of EU jurisdictions as well as in the UK, which pioneered it with the creation of its own ‘PSC Register’. It also looks at similar initiatives being experienced in some leading international financial centres as well as in the US. It includes coverage of: The functioning of beneficial ownership registers in selected EU jurisdictions; The differences between the beneficial ownership registers for companies and those for trusts, which are maintained in many EU member states; Practical comparisons on the possibility for individual beneficial owners to apply for their personal information to be withheld from public access; The ways of complaint in case such an application is not accepted; and Special cases such as the treatment of an EU company controlled by a trust or a foundation. The first to comprehensively approach this topic, this title will benefit private client advisers (lawyers, notaries, accountants) and family officers whose clients have business interests in the EU. The registration of the details of beneficial owners has become a new variable to be considered in any estate planning or asset protection exercise and more generally in any circumstance where a company or any other legal arrangement is created. It is therefore essential reading for anyone involved in any of these fields.Trade ReviewBeneficial Ownership Registers provides detailed and up-to-date information on the reporting of ‘beneficial ownership’ of companies and trusts and sets the contemporary scene both internationally and on a country-by-country basis, with reference to European Union countries, the United Kingdom and the United States. Differences among EU member states exist although they are meant to implement the same EU directive, as the book convincingly shows, and a substantial difference also stands out between the EU and the US where the Corporate Transparency Act has approached the issue of reporting beneficial ownership of companies (though not of trusts, not a mean distinction) on a functional basis, rather than as a politically biased mission to be accomplished no matter what. -- Maurizio LupoiThe concept of beneficial ownership has become increasingly relevant in the context of numerous measures to increase transparency and disclosure, in particular by way of publicly accessible registers, such that it now extends significantly beyond its original application to anti-money laundering and ‘know your client’ compliance requirements. It is therefore important that there is a renewed focus on the legal meaning of the term so as to ensure its correct legal interpretation and application in practice. This compendium of multi-jurisdictional legal analyses is a welcome contribution to that renewed focus. -- Andrew KnightThis new book is the first to offer a comprehensive review of the rules relating to the reporting of beneficial ownership of companies and trusts in fifteen different EU jurisdictions, as well as in the UK, the Crown Dependencies, the USA and Liechtenstein. It also emphasises the variation of treatment relating to public access to information on beneficial ownership of companies and, importantly, of trusts. The reader can only echo Paolo Panico’s comment that an EU regulation harmonising some of the varied national requirements would be a welcome development. But until that happens this book will be an essential source of reference for any practitioner advising on international corporate and trust structures. -- Richard Pease TEPThis volume is a valuable new addition to the Globe Law and STEP stable of co-publications. The topic of beneficial ownership has been much in the public eye in recent years, prompted partly by an international drive to create greater corporate disclosure to counter money-laundering and terrorist finance, and partly by a series of exposés in the form of the Panama, Paradise and Pandora papers. Now family office advisers, law firms and accountancy practices have at their fingertips an up-to-date digest and commentary on the state of affairs prevailing in some of the world’s key jurisdictions. Consulting editor Paolo Panico has assembled a team of experts to appraise the measures taken by the authorities in 18 different countries and three British Crown dependencies. The reader’s understanding is greatly assisted by introductory chapters which explain the history of government and supra-national [in the form of the EU] interventions, as various initiatives have evolved and with them new legislative frameworks and requirements. The direction of travel is consistent, but the interpretation and implementation of new agreements and directives varies considerably. The chapters on individual countries take a deep dive into the registration of beneficial ownership in each case, and explain how concepts such as benefit and control are variously construed. If you are seeking a comprehensive guide to navigate you through the tricky waters of beneficial ownership, look no further. -- David MolianDr Panico and his colleagues present a masterful survey of this difficult subject. The discussion of its history and purposes introduces detailed accounts of its application in several EU countries, the United Kingdom and the United States. The publication will be much welcomed by practitioners dealing with the affairs of international clients. -- Milton GrundyTable of ContentsIntroduction: the 4th and 5th AML Directive Paolo Panico Paolo Panico’s Law Chambers Private Trustees SA Austria Christiane Edelhauser Michael Petritz KPMG Austria Belgium Saskia Lust Loyens & Loeff Crown Dependencies Paul Matthams Stonehage Fleming Cyprus George Economides E&G Economides LLC Czech Republic Šteˇpán Holub Holubová advokati s.r.o. France Jérôme Barré Barré & Associés Stéphanie Auferil Arkwood Germany Susanne Stauder Heuking Kühn Lüer Wojtek Greece Petros-Fotios Chr. Fatouros Angeliki Chimona Phi Lambda Law Firm Ireland Aileen Keogan Aileen Keogan Solicitor & Tax Consultant Italy Luigi Belluzzo Belluzzo International Partners Liechtenstein Johanna Niegel Allgemeines Treuunternehmen Luxembourg Paolo Panico Paolo Panico’s Law Chambers Private Trustees SA The Netherlands John Graham Graham, Smith & Partners Poland Aldona Leszczyn´ska-Mikulska Tomasz Piejak GWW Portugal Nuno Cunha Barnabé António Vidal ABREU Slovenia Tatjana Andoljšek OPAM LAW Luxembourg, Slovenia Spain Alberto Perez Cedillo Alberto Perez Cedillo Spanish Lawyers and Solicitors United Kingdom E N Reed Iskra Doukova Macfarlanes LLP United States Todd D Mayo UBS
£157.50
Globe Law and Business Ltd Trust Laws in Cyprus: An International
Book SynopsisThe Cyprus International Trust Law was originally enacted in 1992 and amended in 2012. It is a modern and flexible piece of legislation expressly addressing the needs of international families relying on Cyprus to arrange their wealth. At the same time, Cypriot resident families can apply the Trustee Law 1955, which is based on English law, to govern their trusts. Trust Laws in Cyprus reviews both of these laws and places them in an international context, pointing out the solutions available on the island for wealth management, estate planning and asset protection purposes. Authored by well-known experts in this field, chapters specifically analyse the relevance of Cyprus trusts where settlors wish to retain certain powers, arrange their succession in a more flexible manner than would be possible under forced heirship provisions, or protect heirloom assets from creditor claims. The book also covers the taxation of Cyprus trusts, both international and domestic, and the functioning of the UBO register of trusts under the 5th EU AML Directive. This title is the only systematic review of the Cyprus trust laws in English. It will be an invaluable reference work to help lawyers and other private client advisers structure their clients' wealth. It will also assist professional trustees involved in the administration of Cyprus trusts, and be useful for accountants and tax advisers in relation to the tax treatment of various types of Cyprus trusts.Table of ContentsForeword: Perspectives on the Cyprus international trust law journey 5 Peter G Economides Totalserve Management Limited Richard FG Pease Solicitor (England and Wales); Consultant (Geneva, Switzerland) Stella Kammitsi Raza Corporate Services Ltd; Chair – STEP Cyprus Part I The Cypriot legal system: an overview 13 Eleni Louca Christodoulos G Vassiliades & Co LLC Trusts in Cyprus under domestic law 25 Chrysthia PapacleovoulouVassiliou Open University of Cyprus Evi Papacleovoulou Law Chambers Nicos Papacleovoulou LLC Vakfs: the Islamic version of trusts 43 Paolo Panico Private Trustees SA; Chair – STEP Europe Charitable trusts and charitable organisations 59 Eleni Drakou Michael Kyprianou & Co LLC Part II The Cyprus International Trusts Law 1992–2012: new dynamics 77 Chrysthia PapacleovoulouVassiliou Open University of Cyprus Settlor reserved powers trusts 109 Emily Yiolitis Anemi Trustees Limited Beneficiaries’ right to information 117 Nicky Xenofontos N Xenofontos LLC Trustee investment powers and delegation 135 Savvas Georgiou Christodoulos G Vassiliades & Co LLC Protectors 145 Emily Yiolitis Anemi Trustees Limited Non-charitable purpose trusts 153 Panayiota Kouzoupi Christodoulos G Vassiliades & Co LLC The trustee’s ability to request directions from the court 165 Constantinos Constantinides Stefanos Marangos Christodoulos G Vassiliades & Co LLC Perpetuity and duration 177 Paolo Panico Private Trustees SA; Chair – STEP Europe Forced heirship: the ‘firewall legislation’ 183 Stella Kammitsi Raza Corporate Services Ltd; Chair – STEP Cyprus Asset protection trusts 201 Peter G Economides Totalserve Management Limited The trustee’s liability to third parties and mistake 209 Nicky Xenofontos N Xenofontos LLC The main ingredients of an international trust law – some proposals for reform 221 Paolo Panico Private Trustees SA; Chair – STEP Europe Nicky Xenofontos N Xenofontos LLC Analysis of Cyprus case law involving Cyprus international trusts 237 Chrysthia PapacleovoulouVassiliou Open University of Cyprus Part III Taxation 257 George Economides E & G Economides LLC Trusts and ultimate beneficial ownership registers in Cyprus 265 Eleni Drakou Michael Kyprianou & Co LLC Appendix 277 About the authors 279 About Globe Law and Business 285
£85.50
Globe Law and Business Ltd Effective Trusts: Minimising Disputes Through
Book SynopsisTrust disputes can be tremendously costly, in terms of legal fees, hiring experts and lost opportunity costs, as well as the costs attendant with the often emotionally charged atmosphere that can pit family members against one another. Despite the high toll, trust litigation continues to increase around the world – both in the number of matters being initiated and the amounts in controversy – as trust instruments become increasingly important vehicles in the management and transfer of wealth of various sizes. Preventing a fire is substantially less costly than fighting one. Identifying and appreciating the potential causes of trust disputes puts settlors, trust officials and beneficiaries in the best position to prevent a dispute from developing or accelerating. This Special Report examines the causes of trust disputes and explores the steps that settlors, trustees, beneficiaries and others can take during each stage of a trust’s lifecycle – design, execution, administration and termination – to reduce the risk of sparking a dispute. Supported by real world experience and input from leading international trust practitioners, including estate planners, general counsel and experienced trust litigators, this Special Report delves into key concepts such as: thoughtful design of a trust’s governance; incorporating flexibility and adaptability into a trust structure; the need for constructive communication and engagement between fiduciaries and beneficiaries; practices and procedures trust officials should consider implementing in trust administration; and how trustees and beneficiaries can avoid adding fuel to the fire once a dispute arises. The authors also examine the benefits of involving different perspectives, including those of experienced trust litigators, at various stages of the trust’s lifecycle, and offer practitioner insight into the measures and approaches both fiduciaries and beneficiaries should consider taking when a dispute first presents itself. Filled with real-world practitioner guidance, perspective and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike, this Special Report is essential reading.Trade ReviewThe beauty of this special report is that it contains real-world practitioner guidance, perspective, and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike. -- Elizabeth Robson Taylor and Philip Taylor MBETable of ContentsAcknowledgements 7 I. Introduction 9 1. Trends in trust disputes 10 1.1 Deep fakes and the metaverse 10 1.2 Family office conflicts 10 1.3 Compliance-driven conflict, litigation and court activity 11 2. Common causes of trust disputes 12 2.1 Poor drafting 12 2.2 Communication failures 14 2.3 Lack of education 15 2.4 Disenfranchisement 16 2.5 Appointment of the wrong trust officials 16 2.6 Diminished capacity (including undue influence) 19 2.7 Challenges of recollection 22 3. Our approach 22 II. Trust dispute avoidance through design 23 1. Managing the settlor’s expectations 23 2. Good drafting 24 3. Creating the appropriate governance structure 27 3.1 Checks and balances 27 3.2 Selecting the right person for each role 30 3.3 Beneficiary committees 36 3.4 Qualifications 36 3.5 Fiduciary versus non-fiduciary capacity 39 3.6 Term limits 39 3.7 Age limits 40 3.8 Designing the right process for succession (appointment and removal) 41 3.9 Compensation 41 3.10 Sharing information 44 3.11 Avoiding co-trustee dysfunction 44 4. Communicating with the beneficiaries (or not): the duty to inform and the use of quiet trusts 47 5. Incorporating flexibility and adaptability into the trust 50 5.1 Power to add and remove beneficiaries 51 5.2 Variation or modification 53 5.3 Decanting 53 5.4 Changing situs 54 5.5 Changing governing law 54 5.6 Termination 55 6. Selecting appropriate liability and evidentiary standards 55 7. Using no-contest or forfeiture provisions to discourage disputes 56 8. Incorporating processes for non-judicial dispute resolution 57 9. Getting the litigator’s perspective during the drafting process 59 10. ‘Failure mode and effects analysis’: early detection of potential issues and warning signs 66 III. Minimising trust disputes through thoughtful execution 69 1. Family dynamics redux 69 2. Witnesses 70 3. Presence of individuals other than the settlor and witnesses 72 4. Self-imposed formalities 72 5. Lifetime approval of trusts 73 IV. Administration: deploying best practice and procedures 75 1. Follow the terms of the trust 76 2. Engage proactively 76 3. Communicate with the beneficiaries 77 3.1 Ongoing due diligence 77 3.2 Proactive trust accounting 79 4. Maintain good records 80 4.1 Retention practices and policies – the ‘hit by a bus’ scenario 80 4.2 Trustees and other trust officials 80 4.3 Distributions 81 4.4 Investments 82 4.5 Conflict transactions 83 4.6 Compensation 83 4.7 Taxes 84 5. Evaluate the trust and administration regularly 84 5.1 What has changed? 85 5.2 Would a change of situs be better for the trust? 86 5.3 Is modification (variation) or decanting warranted? 87 5.4 Should the trust be divided into separate trusts? 87 5.5 Are the right people (still) in the right roles? 89 5.6 Is your reliance on outside guidance (still) reasonable? 89 5.7 Are the trust officials working together effectively? 91 6. Evaluate the trust and administration when an issue arises (or maybe not) 92 7. Utilise experienced litigators outside of litigation 92 7.1 The devil’s advocate: having a litigator review proposed changes 95 V. Reducing the risk of disputes at termination 97 1. Releases, judicial accountings and indemnification 98 2. Providing information 102 3. Termination fees 104 4. Transferring assets 104 VI. Managing trust disputes 107 1. Avoid exacerbating the problem 107 2. Maintain open lines of communication 110 3. Taking a thoughtful position 111 4. Preserving lawyer–client privilege 115 5. Litigation management 116 6. Advice for beneficiaries when a dispute arises 118 VII. Conclusion 121 Notes 122 About the authors 129 About Globe Law and Business 131
£106.25
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
£191.25
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
£352.45
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
£25.97
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
£133.00
The University of Law Publishing Limited SQE - Trusts 3e
Book Synopsis
£37.99
Hall and Stott Publishing Ltd Equity and Trusts
Book Synopsis
£30.59
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
£76.00
Dundee University Press Ltd Trusts Essentials
Book Synopsis
£18.99
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
£76.00
CGI Publishing Limited Trust and Company Administration
Book Synopsis
£42.70
Spiramus Press The Employee Ownership Manual
Book SynopsisThis book is intended to meet a range of different needs and to cater for different levels of knowledge about employee ownership. If you are considering making your company employee-owned or you are advising someone going through that process, and in either case are new to the topic, you can build up your knowledge levels from Chapter 1. Alternatively, the book can be used as a reference work if you have a particular question to answer.Some parts of the book will not be relevant to every reader. For example, several Chapters consider how employees can acquire shares personally: these will not be relevant to companies which intend their employee ownership only to be through an employee trust.The book is intended as practical guide rather than a highly detailed technical treatise. Its priority is to explain key issues in an accessible fashion and to raise awareness of where further exploration and advice may be important.Table of ContentsChapter 1: This Chapter looks at the background to employee ownership and why companies choose to become employee-owned. Chapter 2: Employee trusts are a key part of the structure of most employee-owned companies, as outlined in this Chapter. Individual share ownership is also introduced here, as some employee-owned companies combine ownership by an employee trust (which usually holds the majority of the company's shares) with direct, individual ownership of shares by employees. Chapter 3: Delves more deeply into how employee trusts work and how the role of trustees as owners interacts with the role of the company's directors. Chapter 4: In this Chapter, the key steps and decisions that will need to be made in establishing an employee trust are considered. Chapter : This Chapter starts to look in more detail at individual share ownership, in particular the ways in which employees can acquire shares personally, and provides a summary of the tax reliefs that are available for individual employees acquiring shares in their company. Chapter: Employee ownership trusts are a particular kind of employee trust, bringing particular tax reliefs. This Chapter considers these tax reliefs and the various conditions which must be satisfied. Chapter 7: Many companies become employee-owned through the existing owners transferring their shares to an employee trust. This Chapter looks at how to plan ownership succession in this way and some key questions that will need to be considered. Chapter 8: An employee ownership trust deed is likely to form the structural core of most employee-owned companies. This Chapter explains the key provisions that it will commonly include. Chapter 9: This Chapter considers the people issues which arise in a transition to employee ownership, and has been written by Jeremy Gadd. The next five Chapters look in more detail at how employees can acquire shares individually and may be of value to companies wishing to include individual share ownership alongside trust ownership. Chapters 10 and 11 look at two tax-advantaged all-employee share schemes. Chapter 10: The Share Incentive Plan (SIP) enables employees to purchase shares or receive free shares, in each case with relief against income tax. The SIP is an all-employee share scheme, which means that all employees must be allowed to participate in any offer of shares. This Chapter looks at the statutory requirements for operating a SIP and how it works in practice. Chapter 11: Save As You Earn (SAYE) options is another form of all-employee share scheme, under which employees can be granted options to acquire shares in the future and those employees who participate will save a monthly amount towards the option exercise price. This Chapter considers how SAYE options work. Chapters 12 and 13 look at tax-advantaged share schemes which do not need to involve all employees: Chapter 12: This Chapter looks at Enterprise Management Incentive (EMI) options. For companies wishing to create personal share ownership for their key people, EMI options will often be the best place to start. There are particular eligibility requirements for EMI options. These are considered in this Chapter, which also discusses the key elements of an EMI scheme, and offers suggestions as to how EMI options can be structured. Chapter 13: An alternative to EMI options is the Company Share Option Plan (CSOP). This Chapter considers how the CSOP works. Chapter 14: This Chapter looks at other ways in which employees can acquire shares personally. Chapters 15 to 20 consider other legal, regulatory and taxation issues. Chapter 15: Where employees are to acquire shares (or cash) from an employee trust, it is important to ensure that this is structured in a way which does not fall foul of tax anti-avoidance rules which were introduced to counter what is commonly referred to as disguised remuneration. This Chapter looks at these provisions and how to keep on the right side of them. Failure to do so could result in a charge to income tax and National Insurance on the value of assets even though an employee has not acquired any definite ownership rights over them. Chapter 16: This Chapter sweeps up some other legal and regulatory matters not directly covered in previous Chapters. Chapter 17: This Chapter covers data protection requirements. Chapter 18: This Chapter covers phantom shares. Chapter 19: This looks at the interaction between corporation tax, employee trusts and different individual employee share schemes. Chapter 20: There are a number of registration and filing requirements with HM Revenue and Customs and the Registrar of Companies. This Chapter considers these and some continuing administration requirements and summarises the accounting treatment of employee trusts and employee share schemes.
£44.96
Clarus Press Ltd Principles of the Law of Equity and Trusts in
Book SynopsisDivided into two main parts, part one `Equity' outlines the history and development of equity as a body of law before delving into the application of the equitable remedies. Part two, `The Trust', examines the history and origin of the trust as an equitable remedy and charts its expansion. It examines the creation and validity of different types of trusts and their administration. In Principles of the Law of Equity and Trusts in Ireland the author draws on her experience in teaching this topic in both Ireland and England at undergraduate and post graduate levels to bring together a text which is intelligible and user friendly.Table of ContentsPart I - Equity Chapter 1: History and Development of Equitable Jurisdiction Chapter 2: The Maxims of Equity Chapter 3: Injunctions Chapter 4: Specific Performance Chapter 5: Rescission Chapter 6: Rectification Chapter 7: Estoppel Chapter 8: Tracing Part II - The Trust Chapter 9: History and Development of the Trust Chapter 10: Formalities and the Creation of the Express Trust Chapter 11: Secret Trusts Chapter 12: Donatio Mortis Causa Chapter 13: Resulting Trusts Chapter 14: Constructive Trusts Chapter 15: Trusts in Family Property Chapter 16: Purpose Trusts Chapter 17: Charitable Trusts Chapter 18: Void and Voidable Trust Chapter 19: The Administration of Trusts
£74.10
Fink Publishing Ltd Revise SQE Trusts Law 202526
Book Synopsis
£16.15
PIE - Peter Lang Italian Yearbook of Human Rights 2018
Book SynopsisThe Italian Yearbook of Human Rights 2018 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to inter-national human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the sub-ject of fundamental rights. The 2018 Yearbook surveys the most significant activities of national and local Italian actors at domestic and international level, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of in-ternational and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2017: Time to Restart is the title of the 2018 Year-book introduction. From this year onwards, the Yearbook will present an in-depth analysis on various human rights themes. This edition is dedicated to the state of implementation of Italy's Special Action Plan against Sexual and Gender-based Violence 2015.The Italian Agenda of Human Rights 2018 represents an updated orienta-tion tool with regards to the main initiatives to be undertaken on the leg-islative, infrastructural and policy-making fronts in order to strengthen the Italian system for promoting and protecting human rights.
£45.72
PIE - Peter Lang Italian Yearbook of Human Rights 2019
Book SynopsisThe Italian Yearbook of Human Rights 2019 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2019 Yearbook surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2018: Does Omission Follow Inaction? is the title of the 2019 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition regards the implementation of the National Action Plan against Trafficking in Human Beings (20162018).As in the previous years, the Italian Agenda of Human Rights 2019 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
£42.75
PIE - Peter Lang Italian Yearbook of Human Rights 2019
Book SynopsisThe Italian Yearbook of Human Rights 2019 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2019 Yearbook surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2018: Does Omission Follow Inaction? is the title of the 2019 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition regards the implementation of the National Action Plan against Trafficking in Human Beings (20162018).As in the previous years, the Italian Agenda of Human Rights 2019 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
£78.30
PIE - Peter Lang Italian Yearbook of Human Rights 2020
Book SynopsisThe Italian Yearbook of Human Rights 2020, marking the 10th edition of this publication, offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. It surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2019: Back on Track? is the title of the 2020 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition concerns Italy's behaviour in the context of the Third Universal Periodic Review at the United Nations Human Rights Council.As in the previous years, the Italian Agenda of Human Rights 2020 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
£42.30
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
