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Title:Hanbury & Martin modern equity / Jamie Glister, James Lee.

Variant Title:Hanbury and Martin modern equity
Modern equity

Author/Creator:Glister, James, author.

Other Contributors/Collections:Lee, James, 1983- author.
Hanbury, Harold Greville, 1898-1993. Modern equity.
Martin, Jill E. Modern equity.

Published/Created:London : Sweet & Maxwell, 2015.

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Location:LAW LIBRARY (level 3)Where is this?
Call Number: KD674 .H34 2015
Number of Items:1
Status:Available

Library of Congress Subjects:Equity--England.
Trusts and trustees--England.
Equity--Wales.
Trusts and trustees--Wales.

Edition:Twentieth edition.

Description:cxlv, 910 pages ; 24 cm

Series:Classics series.

Notes:Includes bibliographical references and index.

ISBN:9780414032408
0414032403

Contents:Machine generated contents note: pt. 1 Introduction
1. History And Principles
1. General
2. Historical Outline
A. Medieval Chancellor
B. Petitions to the Chancellor
C. Chancellor's Discretion
D. Attendance of the Defendant
E. Enforcement
F. Use
G. Advantages of the Use
H. Statute of Uses 1535
I. Use upon a Use: The Trust
J. Struggle over Injunctions
K. Transformation of Equity into the Modern System
L. 19th Century and the Judicature Acts 1873 and 1875
M. Current Role of the Lord Chancellor
3. Nature of Equitable Rights
4. Relationship Between Law and Equity: Fusion
5. Maxims of Equity
6. Equitable Remedies
7. Bona Fide Purchaser of the Legal Estate
A. Purchaser for Value
B. Legal Estate
C. Notice
D. Overreaching
E. Other Applications of the Doctrine of Notice
8. Subject-Matter of Equity
9. Creativity of Equity
10. Recognition of Trusts Act 1987
2. Nature And Classification Of Trusts
1. Distinctions
A. Bailment
B. Agency
C. Contract
D. Debt
E. Conditions and Charges
F. Interest under a Will or Intestacy
G. Powers
2. Classification of Trusts
A. Express Trusts
B. Resulting Trusts
C. Constructive Trusts
D. Bare Trusts
E. Trusts in the Higher Sense and Trusts in the Lower Sense
3. Equity And The Modern Commercial World
1. General
A. Utility of Trusts
B. Insolvency
2. Trusts in the Wake of the Global Financial Crisis and the Credit Crunch
3. Commercial Contexts
A. Consequences of Breach of Trust
B. "Domestic Consumer Context" in the Context of Land
C. Interpretation
D. Conclusions
pt. 2 Trusts and Powers
4. Certainty And Capacity
1. Certainty
A. Certainty of Intention
B. Certainty of Subject-matter
C. Certainty of Objects: The Beneficiaries
2. Capacity to Create a Trust
A. Children
B. Persons who Lack Mental Capacity
5. Constitution Of Trusts
1. General Problem
A. Requirements of Conveyance and Declaration
B. Methods of Benefiting an Intended Donee
C. Invalid Transfers Not Construed as Declarations of Trust
D. Purchasers and Volunteers
E. Dealings with Equitable Property
2. Transfer of the Property to Trustees Upon Trust
A. Legal Interests
B. Equitable Interests
3. Declaration of Self as a Trustee
4. Covenants to Settle
A. Contracts (Rights of Third Parties) Act 1999
B. Covenants to Settle prior to the Contracts (Rights of Third Parties) Act 1999
5. Action for Damages by the Trustees. Trusts of Choses in Action
A. Action by the Trustees
B. Trust of the Benefit of the Covenant
C. Specific Performance at the Suit of the Contracting Party
6. Trusts of Future Property
7. Exceptions to the Rule that Equity will not Assist a Volunteer
A. Rule in Strong v Bird
B. Donatio Mortis Causa
C. Statutory Exception: Conveyance to Child
6. Formalities And Secret Trusts
1. General
2. Declarations of Trust
A. Land
3. Transfers of Equitable Interests
A. Disposition
4. Secret Trusts
A. Introduction
B. Incorporation by Reference
C. Fully Secret Trusts
D. Half-secret Trusts
E. Can the Secret Trustee Benefit?
F. Theoretical Basis of Secret Trusts
7. Powers
1. Powers and Trusts
2. Bare Powers and Fiduciary Powers
3. Powers of Appointment
A. General, Special and Intermediate (or Hybrid) Powers
B. Requirement of Certainty; Wide Powers; Capricious Powers
C. Duties of Donee of Power; Rights of Objects
D. Power to Apply for Purposes
4. Exercise of Powers of Appointment
A. General Rule
B. Excessive Execution
C. Defective Execution
D. Contract to Exercise
5. Delegation of Powers
6. Fraud on a Power
A. Prior Agreement
B. Benefit to Appointor
C. Non-objects
D. Excessive Exercise; Severance
E. Releases
F. Position of Third Parties
7. Release of Powers
A. Why Release?
B. How to Effect a Release
C. Validity of Release
8. Protective Trusts
11. General Problem
2. Determinable and Conditional Interests
3. Self-Protection
4. Protected Life Interests in Persons Other than the Settlor
5. Trustee Act 1925 Section 33
6. Forfeiture of the Life Tenants Interest
A. Determining Events
B. Order of the Court under the Trustee Act 1925 Section 57
C. Order of the Court under the Matrimonial Causes Acts 1859
1973
7. Advancements
8. Effect of Forfeiture
9. Discretionary Trusts
1. General
2. Uses of Discretionary Trusts
A. To Protect the Beneficiary Against Creditors
B. To Continue to Exercise Control over Young or Improvident Beneficiaries
C. To React to Changes in Circumstances
3. Usual Form of Discretionary Trusts
A. Trustees' Discretion
B. Trust Period
C. Power to Accumulate
D. Power to Add to, or to Exclude from, the Class of Beneficiaries
E. Power to Appoint Upon New Trusts
F. Miscellaneous Administrative Provisions
4. Selection of Trustees
5. Nature of the Interest of the Beneficiaries under a Discretionary Trust
A. Exhaustive and Non-exhaustive Discretionary Trusts
B. Nature of the Interest of the Beneficiaries
C. Powers and Duties
10. Taxation And Trusts
1. Estate and Tax Planning
2. Income Tax
3. Capital Gains Tax
4. Inheritance Tax
A. Estate Duty
B. Capital Transfer Tax
C. Inheritance Tax
5. Inheritance Tax and Settlements
A. Settlements in which there is an Interest in Possession
B. Settlements in which there is No Interest in Possession
C. Protective and Other Trusts
11. Resulting Trusts
1. General
A. Transfers on Trust
B. Apparent Gifts
2. Transfers on Trust
A. Where a Trust Fails
B. Incomplete Disposal of Beneficial Interest
C. Methods of Disposal of Surplus Funds
D. No Beneficial Interests Declared
3. Apparent Gifts
A. Presumption of Resulting Trust
B. Presumption of Advancement
C. Rebutting the Presumptions
12. Constructive Trusts
1. General
A. Overlap in Classification
B. Establishing the Existence or the Terms of the Trust
C. Duties of a Constructive Trustee
D. Distinction Between Constructive Trusts, Accountability and Proprietary Remedies
2. When a Constructive Trust Arises
A. Unauthorised Profit by a Trustee or Fiduciary
B. Mutual Wills
C. Vendor under a Specifically Enforceable Contract for Sale
D. Secret Trusts
E. Conveyance by Fraud
F. Acquisition of Property by Killing
G. Constructive Trusts of a `New Model': Justice and Good Conscience
3. Possibility of a Remedial Constructive Trust
13. Trusts Of The Family Home
1. Introduction
2. Acquisition of Interests in the Home
A. Background to the Problem: Marriage, Civil Partnership and Unmarried Cohabitation
B. Legal Title in Both Parties
C. Conveyance to One Party Only
D. Purchase of Property in Contexts Outside the Family Home
E. Potential Reform
3. Consequences of Co-Ownership
A. Trust of Land
B. Occupation Rights
C. Sale by Sole Trustee
D. Disputes over Sale
14. Trusts Which Contravene The Law
1. Trusts Contrary to the General Policy of the Law
A. Purposes Contrary to Law, Public Policy or Morality
B. Statutory Provisions Against Discrimination
C. Conditions Precedent and Subsequent; Determinable Interests
D. Consequence of Illegality
2. Perpetuity, Duration and Inalienability
A. General
B. Tying Up Land
C. Remote Vesting. Life in Being Plus 21 Years
D. Wait and See
E. Duration and Inalienability
3. Attempts to Keep Property from Creditors
A. General
B. Insolvency Act 1986
C. Protection of the Spouse and Family
15. Charitable Trusts
1. Introduction
2. Advantages Enjoyed by Charitable Trusts
A. Purpose Trusts
B. Objects Need Not be Certain
C. May be Perpetual
D. Fiscal Advantages
3. Definition of Charity: Basics
A. Position Before the Charities Act 2006
B. Charities Acts 2006 and 2011
C. Public Benefit
D. Exclusively Charitable
E. Charitable Purposes Overseas
4. Definition of Charity: Purposes under Charities Act 2011 Section 3(1)
A. Prevention or Relief of Poverty
B. Advancement of Education
C. Advancement of Religion
D. Advancement of Health; Saving Lives
E. Advancement of Citizenship
F. Advancement of the Arts, Culture, Heritage or Science
G. Advancement of Amateur Sport
H. Advancement of Human Rights; Conflict Resolution; Promotion of Religious or Racial Harmony; Equality and Diversity
I. Advancement of Environmental Protection or Improvement
J. Youth, Age, Ill-health, Disability, Financial Hardship
K. Advancement of Animal Welfare
L. Promotion of the Efficiency of the Armed Forces, Police and Rescue Services
M. Other Purposes
5. Political Trusts are not Charitable
6. Public Benefit
A. Preliminary Points
B. Benefit Aspect
C. Public Aspect
7. Interpretation of Charitable Gifts and Purposes
A. Motive of the Donor
B. Charitable Status of the Trustee
C. Objects Must be Exclusively Charitable
D. Disaster Appeals
8. Cy-Pres
Contents note continued: A. Cy-Pres Doctrine Prior to 1960
B. Initial Failure. Paramount Charitable Intent
C. Subsequent Failure
D. Termination in Favour of Non-charity
E. Widening of Cy-Pres Jurisdiction. Charities Act 2011 Section 62
F. Cy-Pres Scheme
G. Small Charities; Spending Capital; Mergers
9. Administration of Charities
A. Reform
B. Authorities
C. Register
D. Decisions on Registration
E. Advice
F. Other Powers of the Charity Commission
G. Investment
H. Delegation
I. Trustees
16. Non-Charitable Purpose Trusts
1. General Problem
A. Private Trusts, Purpose Trusts, Charitable Trusts
B. Trusts for Persons and Purposes
2. Objections to Purpose Trusts
A. Beneficiary Principle; Enforceability
B. Uncertainty
C. Excessive Delegation of Testamentary Power
D. Perpetuity
3. Exceptional Cases Upholding Purpose Trusts
A. Tombs and Monuments
B. Animals
C. Other Anomalous Purposes
4. Failure of the Astor Trust
5. Unincorporated Associations
A. Charitable Purposes
B. Non-Charitable Purposes
C. Properly Held on Trust for the Members
D. Ownership by Members on Contractual Basis
6. Mandate or Agency
7. Perpetuity
A. Excessive Duration
B. Human Lives Only
C. Fixed Number of Years
8. Useless or Capricious Purposes
9. Alternative Solutions
A. By the Draftsman
B. By the Legislature
C. Offshore Jurisdictions
17. Trusts Of Pension Funds
1. Introduction
A. Types of Pension Scheme
B. Beneficiaries not Volunteers
2. Special Rules Applicable to Pension Trusts
A. Pensions Acts 1995 and 2004
B. Other Statutory Provisions
3. Equal Treatment
4. Pensions on Divorce
pt. 3 Trustees and Fiduciaries
18. General Principles Of The Administration Of Trusts
1. Onerous Nature of Office
2. Standards Applicable to Trustees
A. Duties and Discretions
B. Statutory Duty of Care
C. Trustee Exemption Clauses
3. Liability to Third Parties
4. Unanimity
5. Who may be a Trustee
6. Disclaimer
7. Number of Trustees
8. Appointment of Trustees
A. First Trustees
B. Who May Appoint New Trustees
C. Appointment by the Court
9. Vesting of the Trust Property in Trustees
A. Requirement of Vesting
B. Vesting Declaration under Section 40
C. Vesting Orders under Sections 44 to 56
10. Selection of Trustees
A. On Appointment by the Court under Section 41
B. On Appointment under Express Power or under Section 36
C. On Appointment by the Settlor
11. Retirement
A. Under an Express Power in the Trust Instrument
B. Under Section 39
C. Under an Order of the Court
D. By Direction of the Beneficiaries
12. Removal
13. Control of Trustees
A. Giving of Reasons
B. Power of Decision
C. Intervention by the Court
14. Setting Aside Trustees' Decisions: Pitt v Holt
19. Duties Of Trustees In Relation To The Trust Property
1. Duty to Collect in the Assets
A. Duty on Accepting Office
B. Extent of Duty
C. Litigation
D. Continuing Duty
2. Duty to Invest
A. Meaning of Investment
B. Types of Investment
C. Express Powers of Investment
D. Purchase of Land
E. Authorised Investments
F. Duties Relating to the Standard Investment Criteria
G. Advice
H. Duty of Care
I. Delegation of Investment Powers
J. General Duty in Choosing Investments; Ethical Investments
K. Trustees Holding Controlling Interest in a Company
L. Extension of Investment Powers by the Court
3. Duty to Distribute. Satisfaction of Claims
A. Liability for Wrongful Payments
B. Doubtful Claims
C. Relief under Section 61
D. Discharge
20. Duties Of Trustees In Relation To The Beneficiaries
1. Duty to Maintain Equality Between the Beneficiaries
A. Former Rule in Howe v Earl of Dartmouth
B. Other Methods of Apportionment
C. Company Distributions
2. Duty to Provide Accounts and Information
A. Accounts
B. Information. Trust Documents
21. Powers Of Trustees
1. Introduction
2. Trustees of Land
3. Power of Sale
A. Land
B. Chattels
C. Other Property
D. Sales by Trustees
4. Power to Give Receipts: Trustee Act 1925 Section 14
5. Power to Insure: Trustee Act 1925 Section 19
A. Insurance
B. Reinstatement
6. Power to Compound Liabilities: Trustee Act 1925 Section 15
7. Power in Regard to Reversionary Interests: Trustee Act 1925 Section 22
8. Power to Delegate
A. Early Rule in Equity
B. Trustee Act 1925
C. Trustee Act 2000
D. Other Statutory Provisions Permitting Delegation of Discretions
E. Delegation by Enduring or Lasting Power of Attorney
9. Powers of Maintenance and Advancement
A. Maintenance: Trustee Act 1925 Section 31
B. Advancement
C. Court's Inherent Power to Provide Maintenance and Advancement
D. Responsibility of the Trustees to See to the Application of the Money Advanced
22. Trusteeship And Fiduciary Duties
1. Remuneration and Reimbursement
A. Remuneration Authorised by the Trust Instrument
B. Trustee Act 2000
C. Other Statutory Provisions
D. Remuneration Authorised by the Court
E. Remuneration for Litigious Work by Solicitor-Trustees
F. Authorisation by Contract
2. Trustees must not be Purchasers
A. Purchase of the Trust Property: The Self-Dealing Rule
B. Purchase of the Beneficial Interest: The Fair Dealing Rule
3. Incidental Profits
A. Trustees
B. Other Fiduciaries
3. Personal and Proprietary Remedies
A. Accountability
B. Bribes and Secret Commissions
C. Lister, Reid and Sinclair
D. FHR European Ventures
23. Variation Of Trusts
1. Background
2. Variations which Need the Approval of the Court
A. Inherent Jurisdiction
B. Statutory Provisions (other than Variation of Trusts Act 1958)
C. Variation of Trusts Act 1958
pt. 4 Personal and Proprietary Claims
24. Consequences Of Breach Of Trust
1. Personal Liability
A. General
B. Equitable Compensation
2. Basis and Measure of Liability
A. Trustee Accounting
B. Modern Approach
C. Particular Situations
3. Liability Inter Se: Contribution and Indemnity
A. Joint and Several Liability
B. Contribution
C. Indemnity
4. Criminal Liability
5. Protection of Trustees
A. Participation in, or Consent to, a Breach of Trust
B. Release and Acquiescence
C. Impounding the Beneficiary's Interest: Trustee Act 1925 Section 62
D. Statutory Relief: Trustee Act 1925 s.61
E. Limitation and Laches
25. Personal Claims Against Third Parties
1. General
A. Personal and Proprietary Claims
B. Note on Terminology
2. Knowing Receipt
A. Breach of Trust or Fiduciary Duty
B. Beneficial Receipt of Traceable Assets
C. Knowledge
D. Remedies
3. Dishonest Assistance
A. Breach of Trust or Fiduciary Duty
B. Assistance
C. Dishonesty
D. Remedies
4. De Facto Trustees
5. Personal Action in Re Diplock
6. Limitation and Third Parties
26. Tracing
1. Introduction
A. Tracing, Following and Claiming
2. Tracing at Common Law
3. Tracing in Equity
A. Entitlement to Trace
B. Unmixed Funds
C. Mixed Funds
4. Subrogation
5. Change of Position
A. Potential Application to Proprietary Claims
pt. 5 Miscellaneous Equitable Remedies and Doctrines
27. Specific Performance
1. General Principles
A. Discretionary
B. Common Law Remedies Inadequate
C. Specific Performance is a Remedy in Personam
D. Ensuring Observance
E. Enforcement of Positive Contractual Obligations
F. Time for Performance
G. Specific Performance and Damages or Compensation
2. Effect of Order on Other Remedies
A. Common Law Remedy not Excluded
B. Court's Discretion
C. Subsequent Performance Regulated by Terms of Order
3. Specific Performance in Particular Situations
A. Contracts for the Sale of Land
B. Contractual Licences
C. Contracts for the Sale of Personal Property
D. Contracts to Pay Money
E. Volunteers
F. Contracts Requiring Supervision
G. Contracts for Personal Services
H. Contracts for the Creation of Transient or Terminable Interests
I. Contracts to Leave Property by Will
J. Contracts to Transfer Goodwill
K. Contracts to Refer to Arbitration
L. No Specific Performance of Part of a Contract
4. Mutuality
A. Refusal of Specific Performance for Lack of Mutuality
B. Time at which the Remedy must be Mutual
5. Defences to Specific Performance
A. Mistake and Misrepresentation
B. Conduct of the Claimant
C. Laches or Delay
D. Hardship
E. Misdescription of Subject-matter
F. Public Policy
6. Jurisdiction under Lord Cairns' Act
A. Award of Damages under Lord Cairns' Act
B. Measure of Damages under Lord Cairns' Act
7. Specific Performance and Third Parties
8. Jurisdiction
28. Injunctions
1. Jurisdiction
A. High Court
B. County Court
2. Types of Injunctions
A. Prohibitory and Mandatory Injunctions
B. Perpetual and Interlocutory (or Interim) Injunctions
C. Injunctions Without Notice
Contents note continued: D. Quia Timet Injunctions
3. Principles Applicable to the Issue of Injunctions
A. General
B. Protection of Rights
C. Perpetual Injunctions
D. Interlocutory (or Interim) Injunctions
E. Quia Timet Injunctions
4. Defences to Perpetual and Interlocutory Injunctions
A. Delay
B. Acquiescence
C. Hardship
D. Conduct of the Claimant
5. Jurisdiction under Lord Cairns' Act
A. Award of Damages under Lord Cairns' Act
B. Measure of Damages under Lord Cairns' Act
6. Injunctions in Particular Situations
A. To Restrain a Breach of Contract
B. To Restrain a Breach of Trust
C. To Restrain the Commission or Continuance of a Tort
D. Breach of Confidence
E. Public Wrongs
F. Family Matters
G. Trade Unions, Clubs and Colleges
H. Judicial Proceedings
I. Legislative Proceedings
J. To Prevent Removal or Destruction of Evidence: Search Orders
K. To Prevent Removal of Assets: Freezing Injunctions
29. Rescission And Rectification
1. Rescission
A. General
B. Grounds for Rescission
C. Loss of the Right to Rescind
2. Rectification
A. Nature of the Remedy
B. Nature of the Mistake
C. Proof of the Mistake
D. Instruments which may be Rectified
E. Defences
30. Licences And Estoppel
1. General
2. Situation at Common Law
A. Bare or Gratuitous Licence
B. Licence Coupled with a Grant (or an Interest)
C. Contractual Licences
3. Contractual Licences after the Judicature Acts
A. Injunction to Restrain a Licensor from Breaking a Contractual Licence
B. Licensee's Remedy for the Breach
C. Express or Implied Contracts
D. Contractual Licences and Third Parties
4. Constructive Trusts
5. Licences by Estoppel
A. Types of Estoppel
B. Conveyancing Problems Caused by Licences by Estoppel.

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