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The Supervisory Jurisdiction Over Trust Administration

By (author) Daniel Clarry
Genres: Equity & trusts
Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 22nd Nov 2018
Dimensions: w 177mm h 249mm d 25mm
Weight: 756g
ISBN-10: 0198813651
ISBN-13: 9780198813651
Barcode No: 9780198813651
Synopsis
Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. The interaction between the supervisory jurisdiction over trust administration and the remedial jurisdiction of the Court to award equitable compensation for breach of trust and to review trustee decision-making are also considered in a section focussing on recent developments in remedies. As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust

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Feb 26th, 08:37
FRESH RESEARCH AND CONTEMPORARY PERSPECTIVES ON TRUST ADMINISTRATION
Awesome - 10 out of 10
FRESH RESEARCH AND CONTEMPORARY PERSPECTIVES ON TRUST ADMINISTRATION

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”

Lawyers - Counsel especially - embroiled in the vicissitudes of trust administration will welcome the publication of this new and certainly erudite legal text by Dr. Daniel Clarry published recently by the Oxford University Press (OUP).

The book is a tour de force of scholarship and insightful analysis of a particular aspect of the administration of trusts that has, oddly enough, remained under-reported, you might say — or at least not extensively or formally commented upon for over a hundred years at least. If this sounds curiously odd, or oddly curious, it is.


‘It appears’, says Dr. Clarry that ‘no one had really tackled the administrative jurisdiction of the Court over trusts in modern times, even though it is a matter of day to day practice in the courts,’ adding that ‘one is hard-pressed to find any systematic account of the underlying jurisdiction itself’.

He also refers to ‘the various ways in which the Court acts to facilitate the performance of trusts as constituent parts of a coherent whole, herein named the supervisory jurisdiction over trust administration’ … and so forth.

It appears that practitioners advising on trusts and therefore seeking advice from the courts is an occurrence that is so commonplace and routine that it has perhaps been overlooked as a topic crying out from extensive and detailed research, which this book certainly provides.

The extent and depth of said research is worth commenting upon, however briefly, as much of it has been carried out under the auspices of, or within the precincts of, some of the world’s foremost academic institutions; the University of Cambridge, for example and the Max Planck Institute for Comparative and International Private Law.

Dr. Clary has also been awarded fellowships at Harvard Law School and the London School of Economics and Political Science (to give it its full title) which supported the publication of this book and related research.

The core principle around which the book is organised is that of performance, supported by in-depth analysis, basically, of how the Court in its supervisory capacity acts in various ways to facilitate the performance of trusts in modern times.

It is fair to say, therefore, that the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law.

This is a distinguished monograph that will certainly pique the interest of academics as well as practitioners tasked, for example, with advising private clients.

The date of publication is cited as at 26th December 2018.
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The book as a whole will deserve a place on the shelves of both practitioners and academics, and I have no hesitation in commending it. * The Rt Hon the Lord Walker of Gestingthorpe PC * a tour de force of scholarship and insightful analysis ... the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber *