Equity Today: 150 Years After the Judicature Reforms

This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.

Table of Contents:
Preface List of Contributors Table of Cases Table of Legislation PART I EQUITY AND EQUITIES 1. The Persistence of Equity: Lessons from the Trust Ben McFarlane 2. Equity's Gloss on Authority Jessica Hudson 3. Section 25(6) of the Judicature Act 1873: A 'Procedural' Approach C.H. Tham 4. Equity and the Land Registration Act 2002: Form, Conscience, and the Judiciary Aruna Nair PART II MAXIMS AND DOCTRINES 5. The Mischief of Maxims William Swadling PART III EQUITABLE PROTECTION 6. Loose Ends in Accounting for Profits Lord Briggs of Westbourne 7. Judicature and Accounts Matthew Conaglen PART IV EQUITABLE REMEDIES 8. Equitable Damages The Honourable Justice Edelman 9. The Basic Structure of Rescission Steven Elliott KC 10. When are Negotiating Damages Available? John MCGhee KC 11. Specific Performance and the Reflective Loss Rule Janet O'Sullivan 12. Freezing Orders: Casting Off the Shackles of The Siskina? Paul S Davies PART V TRUSTS 13. Bankruptcy Protection for Trusts before the Judicature Acts David Fox PART VI ADMINISTRATION OF ASSETS 14. Wasting Away: Devastavit and the Judicature Act 1873 Simon Douglas PART VII SECURITIES 15. Equity in Codified Secured Transactions Law Magda Raczynska PART VIII INTERNATIONAL PERSPECTIVES 16. equity is not Equity Alexandra Popovici and Lionel Smith 17. Equitable Meta-Law: The Spectrum of Property Henry E Smith 18. Certainty of Loss of Chance in Equity Simone Degeling 19. Dishonesty and Unconscionability in Contractual Performance – A Role for Equity? The Honourable Madam Justice Mary V Newbury 20. Equity in Commerce: Too Much and Too Little? Man Yip Index

About the Author :
Ben McFarlane is Professor of English Law at the University of Oxford, UK. Steven Elliott KC is a barrister practising at One Essex Court, UK.

Review :
This admirable collection of essays by distinguished scholars and practitioners … contains much food for thought. Any practitioner with a case on any of the areas featured in this collection, or anyone writing something involving an issue discussed here, would do well to read carefully the relevant essay in the collection. The case for the continued relevance of Equity to the modern law in common law jurisdictions is well made and the Burrows rule is honoured in the observance.