Trends in Contemporary Trust Law

Trends in Contemporary Trust Law

Trends in Contemporary Trust Law

Trends in Contemporary Trust Law

Synopsis

This important collection of essays by a distinguished group of trust lawyers demonstrates that UK trust law continues to be an area of great vitality and practical significance.

Excerpt

The Papers published in this Volume are revised versions of the Papers which were originally presented at a Conference held in Cambridge on 6th and 7th January 1996 which I organised on behalf of the Faculty of Law at the University of Cambridge. Having in the last few years had the privilege of attending, either as a Delegate or as a Speaker, various International Conferences on Equity and Trust Law held in a number of different overseas venues such as Brisbane, Jerusalem and Victoria BC, it seemed to me to be about time that a Conference of this type was organised in the United Kingdom. The collaboration of the friends and colleagues from around the world who kindly agreed to chair sessions and to speak at the Conference, the financial and physical support of the Cambridge Faculty and financial support from The British Academy enabled the University of Cambridge to host what is thought to have been the first International Conference on Trust Law ever to have been held in the United Kingdom. It was attended by more than one hundred and forty delegates from twelve countries, equally divided between academics and practitioners.

The Papers were delivered in the same order as that in which they have now been published. Professor Gareth Jones QC, Downing Professor of the Laws of England in the University of Cambridge, opened the Conference and chaired the First Session, entitled 'The Changing Nature of Trust Doctrines', at which Paul Matthews spoke on 'The New Trust--Obligations Without Rights' and J. D. Davies spoke on 'Presumptions and Illegality'. The Hon. Justice W. M. C. Gummow, Judge of the High Court of Australia, chaired the Second Session, entitled 'The Changing Nature of Core Duties', at which Professor David Hayton spoke on 'The Irreducible Core Content of Trusteeship', Professor Donovan Waters QC spoke on 'The Protector: New Wine in Old Bottles?' and the Hon. Sir Robert Walker spoke on 'Some Trust Principles in the Pensions Context'. The Rt. Hon. Sir Peter Millett, Lord Justice of Appeal, chaired the Third Session, entitled 'Fiduciary Obligations and Liabilities', at which the Hon. Mr. Justice B. H. McPherson CBE spoke on 'Self-Dealing Trustees', R. P. Austin spoke on 'Moulding the Content of Fiduciary Duties', Professor Charles Rickett asked 'Where are we going with Equitable Compensation?' and the Hon. Justice P. D. Finn made 'A Comment' on the subject matter of the Session. Finally, the Rt. Hon. The Lord Nicholls of Birkenhead, Lord of Appeal in Ordinary, who subsequently also closed the Conference and very kindly agreed to write the Foreword to this . . .

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