Gardner Simon - An Introduction to the Law of Trusts

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THIRD EDITION
SIMON GARDNER

BCL (Oxford) MA (Oxford)
Fellow of Lincoln College Oxford
Faculty of Law, University of Oxford

Great Clarendon Street, Oxford OX2 6DP

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First published 1990
Third edition published 2011

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The previous edition of this book appeared in 2003. Since then, the law has moved on somewhat, maybe the most significant change being the advent of the Charities Act 2006, together with judicial revision of the rules regarding family homes. Academic endeavour too has continued, perhaps the most striking new work being that concerning the duty to account and its significance. And my own thoughts, and ideas about expressing everything, have evolved as well. This new edition aims to convey such developments.

Just as the previous edition was more detailed and subtler than its predecessor, moreover, this one in turn offers rather greater substance, and a more overtly scholarly style. Much of this change consists in the provision of more extensive footnotes. But even where the text too has become fuller (as it has especially in the treatment of remedies and of remedial constructive trusts), I hope that it will continue to offer an accessible and stimulating treatment of the subject. It is aimed above all at undergraduates studying Trusts as part of their law degree. Although it can valuably be read before embarking on an in-depth study of Trusts, it is probably best used alongside or after such study. I hope it will help undergraduates understand the subject better, both by the reflections it makes on the material they are studying and, perhaps more importantly, by encouraging them to develop such reflections for themselves. Other readers too may find that it serves their needs, especially those looking for a brief account of this area of the law, explained in terms that may strike chords with other fields of interest.

To help in the exposition of the material, I have divided some otherwise over-long chapters: those previously covering both remedies against trustees and the position of third parties; resulting trusts and the principles behind constructive trusts; and various instances of constructive trusts. I have also moved all the material on resulting and constructive trusts to the end of the book, where it can take advantage of a now earlier discussion of account liability, this being an arguably influential factor in shaping a number of kinds of constructive trust.

The text was finalized at the end of November 2010. At this point, certain further developments were nonetheless anticipated. Readers should be on the alert for these. In particular, we expect, in the winter of 201011, a decision of the Court of Appeal about the rule in Re Hastings-Bass (Pitt Holt, Futter Futtercases reaching the court as a result of the Revenue having belatedly interested itself in this issue); and in the spring or early summer of 2011, decisions of the Supreme Court regarding family home constructive trusts (Jones Kernott), and the nature of a beneficiarys interest (Colour Quest Ltd Total Downstream UK Plcthis being litigation over the fire at the Buncefield oil depot, a rather improbable vehicle for raising the topic). There is also the question whether s 199 of the Equality Act 2010, abolishing the presumption of advancement, will be brought into force, something about which I could obtain no information from the Ministry of Justice at the time of writing.

Once again I must, and gratefully do, acknowledge the help that others have been generous enough to give me. Much of this has been in the background, but it is not the less appreciated for that. In a specifically academic vein, I have received it above all from Michael Ashdown, Mindy Chen-Wishart, Elizabeth Cooke, Kate Davidson, Anne Davies, Joshua Getzler, Jonathan Herring, Mike Macnair, Christopher McCrudden, Charles Mitchell, Jenny Payne, Lionel Smith, Margaret Stevens, and Bill Swadling. The publishers have once again been most supportive.