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Equity Today: 150 Years After the Judicature Reforms

Equity Today: 150 Years After the Judicature Reforms

Name: Equity Today: 150 Years After the Judicature Reforms
Brand: Hart Publishing
SKU: 9781509960071
Price: 1387.10 HKD
Availability: InStock
Author: Ben McFarlane; Steven Elliott KC
ISBN: 9781509960071

Edited by Ben McFarlane · Steven Elliott KC

Hart Publishing June 2023

Specifications

ISBN-13: 9781509960071
Publisher: Hart Publishing
Publication: June 2023
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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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.

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

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

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Table of Contents

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