Underhill and Hayton Law of Trusts and Trustees

Hayton, David; Matthews, Paul; Mitchell, Charles

Published by LexisNexis UK
ISBN 10: 1405745223 / ISBN 13: 9781405745222
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Provides practitioners with an examination of the many important developments in laws relating to trusts and trustees. This title includes: discussion on sham trusts; information on Equitable Proprietary Estoppels; material on equitable accounting re-family homes; and, more. Num Pages: 1429 pages. BIC Classification: 1DBKE; 1DBKW; LNL; LNUT. Category: (P) Professional & Vocational. Dimension: 168 x 261 x 57. Weight in Grams: 1800. . 2010. 18th Revised edition. Hardcover. . . . . Bookseller Inventory #

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Title: Underhill and Hayton Law of Trusts and ...
Publisher: LexisNexis UK
Book Condition: New

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1.

David Hayton, Paul Matthews, Charles Mitchell
Published by Lexisnexis UK, United Kingdom (2016)
ISBN 10: 1474303102 ISBN 13: 9781474303101
New Hardcover Quantity Available: 1
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Book Description Lexisnexis UK, United Kingdom, 2016. Hardback. Book Condition: New. 19th New edition. 246 x 155 mm. Language: English . Brand New Book. Underhill Hayton Law of Trusts and Trustees is our flagship Trusts title and is recognised as being the leading book in the market. Written by renowned experts in the field this major work provides practitioners with expert commentary on the law of trusts and trustees and is a guide to all legal developments relating to trusts. It examines legislation and case law, including cases from significant offshore trust jurisdictions likely to affect UK trust law - beneficial to those working in Trusts both at legal practices as well as banks and accountancy firms. Its easy reference format takes you through the definitions of trusts, administration of trusts and consequences of breaches of trust. Whatever stage you are advising clients at, you will find all the information you need in Underhill and Hayton. New to this edition: * The new edition takes advantage of new case-law and academic literature and further reflections of its editors to set out and explain the current evolved state of the law. * The introductory Division 1 has been revised to take account of recent literature dealing with the nature of beneficiaries rights and of fiduciary obligations and the position of protector of a trust, while also comparing trusts with foundations now that some common law jurisdictions have legislated for foundations as an alternative to trustees holding assets for families. * Division 2 on Express Trusts has been updated clarifying the law further eg in relation to Quistclose trusts in the light of two Court of Appeal cases and to setting aside gifts or appointments for mistake in the light of the Supreme Court s Pitt v HMRC [2013] UKSC 26. * Division 3 on Trusts imposed by Law deals with significant developments on illegality in resulting trust claims (Les Laboratoires Servier v Apotex Inc [2015] AC 430, Biklta (UK) Ltd v Nazir (No 2) [2015] 2 WLR1168), on resulting trusts of company property (Prest v Petrodel Resopuirces ), on constructive trusts of family homes (Jones v Kernott [2012] 1AC 776 and Graham-York v York) and of secret commissions (FHR European Ventures v Cedar Capital Partners), and vendor-purchaser constructive trusts (Scott v Southern Pacific Mortgages). Most of the material in Art 37 on constructive trusts of unauthorised fiduciary gains, however, is being moved to be dealt with under a new Art 91 dealing with Remedies for Breach of Fiduciary Duty within Division 5 to be headed The Consequences of a Breach of Trust or Breach of Fiduciary Duty , the latter covering not just trustees but an extensive important range of other persons subject to fiduciary duties. * There has been little movement of the law in Division 4 on The Administration of Trusts except for refinement of the Hastings-Bass rule in Futter v HMRC [2013] UKSC 26. However, the Chap 14 Art 57 duties applicable to trustees exercising powers are being dealt with under Chap 13 dealing with The Trustee s Duties, while in Chap 14 a new section deals with giving effect to dispositions which could have been effected by powers but were not so formally effected. * In Division 5 there have been many developments with Supreme Court cases dealing with breach of trust claims for misapplication of trust funds (AIB Group v Mark Redler Co) and limitation of liability for constructive trustees (Williams v Central Bank of Nigeria) and Court of Appeal cases in England elsewhere dealing with personal and proprietary remedies against recipients of misdirected funds and the bona fide purchaser defence (Independent Trustee Services Ltd v GP Noble Trustees Ltd, Relfo Ltd V Varsani, Rea v Russell, Grimaldi v Chameleon Mining (No 2), Brazil and Sao Paulo v Durant International Corp [2013] JCA) and gain-based remedies for dishonest assistance in breach of fiduciary duty (Novoship (UK) Ltd v Mikhaylyuk). * Division 6 covers some developments as to self-declared trusts (Akers v Samba Financial Group), choice of law (Gorgeous Beaty v Liu), choice of juri. Bookseller Inventory # AAZ9781474303101

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2.

David Hayton, Paul Matthews, Charles Mitchell
Published by Lexisnexis UK, United Kingdom (2016)
ISBN 10: 1474303102 ISBN 13: 9781474303101
New Hardcover Quantity Available: 1
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The Book Depository US
(London, United Kingdom)
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Book Description Lexisnexis UK, United Kingdom, 2016. Hardback. Book Condition: New. 19th New edition. 246 x 155 mm. Language: English . Brand New Book. Underhill Hayton Law of Trusts and Trustees is our flagship Trusts title and is recognised as being the leading book in the market. Written by renowned experts in the field this major work provides practitioners with expert commentary on the law of trusts and trustees and is a guide to all legal developments relating to trusts. It examines legislation and case law, including cases from significant offshore trust jurisdictions likely to affect UK trust law - beneficial to those working in Trusts both at legal practices as well as banks and accountancy firms. Its easy reference format takes you through the definitions of trusts, administration of trusts and consequences of breaches of trust. Whatever stage you are advising clients at, you will find all the information you need in Underhill and Hayton. New to this edition: * The new edition takes advantage of new case-law and academic literature and further reflections of its editors to set out and explain the current evolved state of the law. * The introductory Division 1 has been revised to take account of recent literature dealing with the nature of beneficiaries rights and of fiduciary obligations and the position of protector of a trust, while also comparing trusts with foundations now that some common law jurisdictions have legislated for foundations as an alternative to trustees holding assets for families. * Division 2 on Express Trusts has been updated clarifying the law further eg in relation to Quistclose trusts in the light of two Court of Appeal cases and to setting aside gifts or appointments for mistake in the light of the Supreme Court s Pitt v HMRC [2013] UKSC 26. * Division 3 on Trusts imposed by Law deals with significant developments on illegality in resulting trust claims (Les Laboratoires Servier v Apotex Inc [2015] AC 430, Biklta (UK) Ltd v Nazir (No 2) [2015] 2 WLR1168), on resulting trusts of company property (Prest v Petrodel Resopuirces ), on constructive trusts of family homes (Jones v Kernott [2012] 1AC 776 and Graham-York v York) and of secret commissions (FHR European Ventures v Cedar Capital Partners), and vendor-purchaser constructive trusts (Scott v Southern Pacific Mortgages). Most of the material in Art 37 on constructive trusts of unauthorised fiduciary gains, however, is being moved to be dealt with under a new Art 91 dealing with Remedies for Breach of Fiduciary Duty within Division 5 to be headed The Consequences of a Breach of Trust or Breach of Fiduciary Duty , the latter covering not just trustees but an extensive important range of other persons subject to fiduciary duties. * There has been little movement of the law in Division 4 on The Administration of Trusts except for refinement of the Hastings-Bass rule in Futter v HMRC [2013] UKSC 26. However, the Chap 14 Art 57 duties applicable to trustees exercising powers are being dealt with under Chap 13 dealing with The Trustee s Duties, while in Chap 14 a new section deals with giving effect to dispositions which could have been effected by powers but were not so formally effected. * In Division 5 there have been many developments with Supreme Court cases dealing with breach of trust claims for misapplication of trust funds (AIB Group v Mark Redler Co) and limitation of liability for constructive trustees (Williams v Central Bank of Nigeria) and Court of Appeal cases in England elsewhere dealing with personal and proprietary remedies against recipients of misdirected funds and the bona fide purchaser defence (Independent Trustee Services Ltd v GP Noble Trustees Ltd, Relfo Ltd V Varsani, Rea v Russell, Grimaldi v Chameleon Mining (No 2), Brazil and Sao Paulo v Durant International Corp [2013] JCA) and gain-based remedies for dishonest assistance in breach of fiduciary duty (Novoship (UK) Ltd v Mikhaylyuk). * Division 6 covers some developments as to self-declared trusts (Akers v Samba Financial Group), choice of law (Gorgeous Beaty v Liu), choice of juri. Bookseller Inventory # AAZ9781474303101

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3.

Charles Mitchell; David Hayton; Paul Matthews
Published by Butterworths Law (2016)
ISBN 10: 1474303102 ISBN 13: 9781474303101
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Book Description Butterworths Law, 2016. Hardcover. Book Condition: New. book. Bookseller Inventory # 1474303102

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