It is often said that English law does not impose “remedial” constructive trusts because it is manifestly inappropriate and fundamentally unjustified to impose trusts through the exercise of judicial discretion and with retrospective effect. This paper observes the definitional deficiencies...

According to received wisdom, ‘sham trusts' is a doctrine which provides an exception to the normal objective process of ascertaining intentions to create a trust by permitting courts to give effect to subjective intentions as the ‘true' intention. This article makes three points. First,...

In modern trusts textbooks, the impression is frequently given that the only reason why express trusts come into being is that a settlor manifests an intention that this should happen. In this article we argue, first, that such accounts are under-inclusive because trustees and beneficiaries also...

The decision in OPO v MLA [2014] EWCA Civ 1277 causes confusion to the rule in Wilkinson v Downton. A strong line of authorities indicates that the defendant must either have an actual intention to cause physical injury or be reckless as to the causing of such harm, the latter being determined...

The formal source of trusts law in Sri Lanka is found in the 1917 Trusts Ordinance. This Ordinance was based on English law, being introduced during the British rule of (what was formerly) Ceylon. In the century since its introduction, the law has certainly not stood still, and the cases and...

Is the existence of trusts law within Anglo-American law justified? The literature to date does not provide a satisfactory answer. Situating the doctrinal features of trusts law within the liberal tradition of political morality, this paper suggests that trusts law is justified because it...

The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply...

‘Agreement-based’ constructive trusts have increasingly been applied in the commercial context. Worryingly, they are plagued by fundamental uncertainties over their underlying rationales, ambits, and requirements. Recent cases have revealed the urgency of resolving these uncertainties. This...

This paper argues that unconscionability provides no good basis for arguments in favour of lumping equitable doctrines in English law. It explores three areas of equity where unconscionability has most strongly divided lumpers and splitters: undue influence and unconscionable bargains;...

Commonwealth jurisdictions face a unique risk when English authorities are misunderstood or misapplied by local courts: erroneous legal rules can quickly become entrenched in the local laws, which are difficult to undo. The Malaysian jurisprudence in relation to the liability of third parties...