Equity Today: 150 Years After the Judicature Reforms

Author: Ben McFarlane; Steven Elliott KC
Publisher: Hart Publishing
ISBN: 9781509960118

Published In: December 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509960071

List Price: HKD 649.87

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Description
Contents

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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