Equity and Administration

What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.

P. G. Turner (Edited by)

9781107142732, Cambridge University Press

Hardback, published 26 May 2016

602 pages, 1 table
23.7 x 16 x 3.8 cm, 1.01 kg

'This book is a treat for those interested in what equity means, whether the academic or practitioner. … This perspective on the role of equity is an important one, not least because of its resonance with the practical role that equity plays in the administration of funds, a role that those of us who practice in the fields of trust and fiduciary law take as our bedrock.' Jonathan Hilliard, Trust Law International

Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.

1. Equity and administration P. G. Turner
2. Constraints on the exercise of trustees' powers Guy Newey
3. Constraints on the exercise of trustees' powers: a commentary Alan Steinfeld
4. The administration and maladministration of funds in equity: making a coherent set of choices R. C. Nolan
5. The administration and maladministration of funds in equity: a commentary Nicholas Patten
6. Equity and insolvency Look Chan Ho
7. Equity and insolvency: a commentary Catherine Addy
8. Equitable doctrines in business associations P. G. Turner
9. Equitable doctrines in business associations: a commentary Richard Snowden
10. Why the rule in Saunders v. Vautier is wrong John H. Langbein
11. Why the rule in Saunders v. Vautier is wrong: a commentary Paul Matthews
12. Equity and statute J. D. Heydon
13. Equity and statute: a commentary Mark Leeming
14. The equity of the executive: fairness in tax law in nineteenth-century England Chantal Stebbings
15. The equity of the executive: a commentary John F. Avery Jones
16. Equity in the modern administrative state William Gummow
17. Equity in the modern administrative state: a commentary David Feldman
18. Equity and administrative behaviour Henry E. Smith
19. Equity and administrative behaviour: a commentary Timothy Endicott
20. Equity and human rights Lord Walker of Gestingthorpe
21. Equity and human rights: a commentary Philip Sales
22. Field, fusion and the 1850s: how an American law reformer influenced the Judicature Act of 1875 Patricia I. McMahon
23. Field, fusion and the 1850s: a commentary Michael Lobban
24. Equitable protection of legal professional privilege - a distraction Adrian Zuckerman
25. Equitable protection of legal professional privilege: a commentary Mike Macnair
26. Equity's role Matthew Conaglen.

Subject Areas: Equity & trusts [LNL], Private international law & conflict of laws [LBG], Comparative law [LAM], Law [L]