The SLS Annual Seminar for 2011 will consider a series of landmark cases in the historical development of equitable doctrine, running from the C17th to recent times. The range, breadth, and social importance of equitable principles, as these affect commercial, domestic, and even political matters, are well known. By focussing specifically on the historical development of these principles we hope not only to understand them better but also to gain insights into the processes of legal change through judicial innovation.
A number of recurring themes will be addressed in the papers, including:
- The nature of the courts’ equitable jurisdiction
(Earl of Oxford’s Case; Penn v Lord Baltimore; Re Earl of Sefton; Bishop of Natal v Gladstone);
- The development of property rights in equity
(Emanuel College, Cambridge v Evans; Burgess v Wheate; Tulk v Moxhay; Ramsden v Dyson);
- Constraints on the powers of settlors to create express trusts
(Morice v Bishop of Durham; National Anti-Vivisection Soc. v IRC);
- The duties of trustees and other fiduciaries
(Speight v Gaunt; North-West Transportation Co Ltd v Beatty; Boardman v Phipps; Regal (Hastings) Ltd v Gulliver);
- Remedies for breach of fiduciary duty
(Re Hallett’s Estate; Nocton v Lord Ashburton); and
- The evolution of constructive and resulting trusts
(Lord Grey v Lady Grey; Cook v Fountain; National Provincial Bank v Ainsworth; Gissing v Gissing; Paragon Finance v Thakerar).
The programme has been convened by Professor Charles Mitchell and Professor Paul Mitchell
This conference is accredited with 12 CPD hour by the Solicitors Regulation Authority and the Bar Standards Board.