Overview

Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's intervention in this area. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. The interaction between the supervisory jurisdiction over trust administration and the remedial jurisdiction of the Court to award equitable compensation for breach of trust and to review trustee decision-making are also considered in a section focussing on recent developments in remedies. As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust.

Full Product Details

9780191865411

Table of Contents

Reviews

This path-breaking volume provides the first in-depth examination of the role security sector reforms in democratizing constitutional transitions, drawing on a rich set of case studies spanning Europe, South America, Africa, and Asia. The volume offers critical lessons for those interested in post-authoritarian democratic transitions, challenging the conventional wisdom that security services must always be kept out of transitional processes and identifying key roles they might play to ensure stability and enable effective civilian oversight. Evidence drawn from cross-regional comparison allows the editors to develop empirically-grounded theoretical insights in a concluding chapter that makes an incisive and original contribution to the growing literature on democratic transitions. -- Asli Bali, Professor of Law, UCLA the book is a concise and worthy addition to any trusts library. It will be particularly useful for trust professionals dealing with the deeper questions that can arise in the course of referring administration questions to the court. -- Steven Kempster, STEP Journal The book as a whole will deserve a place on the shelves of both practitioners and academics, and I have no hesitation in commending it. - The Rt Hon the Lord Walker of Gestingthorpe PC a tour de force of scholarship and insightful analysis ... the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law. - Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chambers

"""This path-breaking volume provides the first in-depth examination of the role security sector reforms in democratizing constitutional transitions, drawing on a rich set of case studies spanning Europe, South America, Africa, and Asia. The volume offers critical lessons for those interested in post-authoritarian democratic transitions, challenging the conventional wisdom that security services must always be kept out of transitional processes and identifying key roles they might play to ensure stability and enable effective civilian oversight. Evidence drawn from cross-regional comparison allows the editors to develop empirically-grounded theoretical insights in a concluding chapter that makes an incisive and original contribution to the growing literature on democratic transitions."" -- Asli Bali, Professor of Law, UCLA ""the book is a concise and worthy addition to any trusts library. It will be particularly useful for trust professionals dealing with the deeper questions that can arise in the course of referring administration questions to the court."" -- Steven Kempster, STEP Journal ""The book as a whole will deserve a place on the shelves of both practitioners and academics, and I have no hesitation in commending it."" - The Rt Hon the Lord Walker of Gestingthorpe PC ""a tour de force of scholarship and insightful analysis ... the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law."" - Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chambers"

Author Information

Dr Daniel Clarry is a barrister and legal academic with professional experiences in a number of common law jurisdictions, including Australia, Canada, England & Wales and the United States. He completed a PhD in Law at the University of Cambridge where he was an Affiliated Lecturer in Law at the Cambridge Faculty of Law teaching Commercial Equity and was a Supervisor in Law at Gonville and Caius College, Cambridge. He then held post-doctoral research fellowships in law and lectured on property and trusts at Harvard Law School and the London School of Economics. He is the author of The Irreducible Core of the Trust (Hart Publishing 2019) and the Editor-in-Chief of The UK Supreme Court Yearbook (Appellate Press).

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available