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The Pugachev Chronicles: Revisiting the Law on Trusts

Headlines were made following the legal controversy surrounding trusts created by exiled Russian billionaire Sergei Viktorovich Pugachev. A recent judgment on these trusts from 2017 takes an in-depth look into exactly how trusts operate, and the ways in which they can be stretched to breaking point.

12:00, 11th May 2018
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Fiscal Privileges for Charitable Trusts: Altruism or Exploitation?

A trust that is considered to be for a charitable purpose is given certain fiscal privileges, but it is debated by legal academics and philosophers alike whether these provisions are necessary to encourage the creation of such trusts or unjustifiably risk potential exploitation.

12:00, 26th June 2017
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Fair A Lease? Newman v Clarke and the Strictness of the Self-Dealing Rule

Equity's emphasis on fiduciaries being loyal to their principal has created a number of stringent rules. One - the rule against self-dealing - is particularly rigorous. However, a case from late 2016 shed light on how the courts have tried to limit unfairness caused by this rule of strict liability.

12:00, 3rd March 2017
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‘It’s a Trap!’: Do Mortgage-lenders Have Too Much Power?

The ‘credit crunch’ of 2009 saw a great deal of households facing mortgage arrears and the threat of repossession. Have mortgage-lenders been given too much power by the courts, and might human rights assist borrowers in defeating mortgage-lenders in the future?

12:00, 27th May 2016
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Atmospheric Trust Litigation

The 2015 UN Climate Change Conference in Paris has sparked global debate regarding climate change. Sadly, the yardstick will be the relative inaction of the US and China in response. What are private individuals doing about climate change around the world? Is the atmosphere held on trust for us all?

12:00, 30th March 2016
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Clearing up the Quistclose Trust

Where property is transferred for a particular purpose, a Quistclose trust ensures that the recipient uses the property solely for that purpose. However, until recently, the courts have had conceptual difficulties determining how the trust comes about. Bellis v Challinor has brought some clarity.

08:46, 3rd February 2016
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Equity in Grubby Hands

It has long been established that those that are seeking to rely on an equitable remedy must come to equity with clean hands. The Court of Appeal, however, recently decided that an equitable remedy can be found by disassociating the parties' conduct from an underlying illegal purpose.

12:00, 12th January 2015
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A Redefined Equitable Remedy

If you have placed somebody in a position of responsibility whereby they are to act on your behalf for your benefit, assuming a fiduciary position, should a bribe they receive in breach of their duties be a proprietary interest of yours? According to the UKSC, it should. Equity is marching onwards.

12:00, 8th September 2014
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Equity in the UKSC Determines just rectification of registration

The UK Supreme Court applied the equitable doctrine of laches to determine that the lapse of time between registering a village green and the objection to that registration was not unjust. The UKSC's decision provides a modern example of property rights being amended by equitable principles.

11:35, 16th February 2014
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The Land Registration Act 2002 – Some Problems Remain

When the land registration act 2002 was introduced one of its key aims was to provide for an efficient conveyancing procedure. Almost twelve years on, it is however apparent that there are hindrances to the Act's intended efficiency.

12:03, 12th January 2014
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