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Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity.
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Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity.
The cases discussed are,
William John Kenneth Diplock, Baron Diplock, was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law".
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages, restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution.
Robert Lionel Archibald Goff, Baron Goff of Chieveley, was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of Goff & Jones, the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986.
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts. Although people are generally free to set the terms of trusts in any way they like, there is a growing body of legislation to protect beneficiaries or regulate the trust relationship, including the Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987, Financial Services and Markets Act 2000, Trustee Act 2000, Pensions Act 1995, Pensions Act 2004 and Charities Act 2011.
Charles Christopher James Mitchell KC (Hon) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies.
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.
Change of position is a defence to a claim in unjust enrichment which operates to reduce a defendant's liability to the extent to which his or her circumstances have changed as a consequence of an enrichment.
The English law of Restitution is the law of gain-based recovery. Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than compensation for a loss.
Landmark Cases in the Law of Contract (2008) is a book by Charles Mitchell and Paul Mitchell, which outlines the key cases in English contract law.
Pettitt v Pettitt [1970] AC 777 is a leading English trusts law case, concerning the presumption of advancement and a spouse's equitable interest in the matrimonial home.
Dishonest assistance, or knowing assistance, is a type of third party liability under English trust law. It is usually seen as one of two liabilities established in Barnes v Addy, the other one being knowing receipt. To be liable for dishonest assistance, there must be a breach of trust or fiduciary duty by someone other than the defendant, the defendant must have helped that person in the breach, and the defendant must have a dishonest state of mind. The liability itself is well established, but the mental element of dishonesty is subject to considerable controversy which sprang from the House of Lords case Twinsectra Ltd v Yardley.
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity takes precedence over the common law.
Landmark Cases in the Law of Tort (2010) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English tort law.
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution.
Landmark Cases in Family Law (2011) is a book of chapters contributed by various authors, which outlines the key cases in English family law.
Goff and Jones on the Law of Unjust Enrichment is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library.
Hambly v Trott is a landmark Court case in conversion and trover.
Phillips v Homfray is an important landmark decision in English law of restitution.
Landmark cases may refer to:
Penn v Lord Baltimore (1750) 1 Ves Sen 444 was a judicial decision of Lord Hardwicke LC in relation to the long-running Penn–Calvert boundary dispute.