02. Trusts in contemporary contexts web links

02. Trusts in contemporary contexts web links

Understanding trusts

Jerome v Kelly (Her Majesty's Inspector Of Taxes) [2004] 1 WLR 1409, House of Lords, is an important case on the capital gains taxation of trusts:


On the 16 October 2003 the Law Commission has published a consultation paper (Consultation Paper 172) on The Forfeiture Rule and the Law of Succession and on 27th July 2005 it published its final report


Now enacted as the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011: http://www.legislation.gov.uk/ukpga/2011/7/contents

A Duckworth 'Protectors-Fish or Fowl?' [Parts 1 and 2] (1996) 3 & 4 P.C.B. 169, 245.


A full text article on the role of the protector, from the website of James Kessler, Barrister, the author of Drafting Trusts and Will Trusts (London: Sweet & Maxwell)

John Mowbray Q.C. 'Protectors' (1995) 5 O.T.P.R. 151.


T Honoré 'On fitting trusts into civil law jurisdictions'


A full text article from the website of James Kessler, Barrister, the author of Drafting Trusts and Will Trusts (London: Sweet & Maxwell)

S Hedley 'Ten questions for 'unjust enrichment' theorists' (1997) 3 Web JCLI.


An article on protective trusts originally appearing in (1999) (9(1)) Journal of Bankruptcy Law & Practice.

Equitable Life v Hyman [2002] (House of Lords case on Pension Trusts)


Lusina Ho, “The Reception of Trust In Asia: Emerging Asian Principles of Trust?” [2004] Singapore Journal of Legal Studies 287–304


A full text article in PDF format which considers the trust in Asia.

Steven L. Schwarcz, “Commercial Trusts As Business Organizations: An Invitation To Comparatists” (2003) 13 Duke J. of Comp. & Int'l L. 321


Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 (House of Lords case concerning privacy law - to contrast tort with equity)


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