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Postgraduate Laws programme:
Master of Laws (LLM), Postgraduate Diploma and Postgraduate Certificate

Course outline


Commercial trusts law
Section A: The nature of commercial trusts
· Equity, trusts and commercial expectations
· The contractarian account of trusts
· Unit trusts and other financial uses of trusts
· The constitution of express trusts in commercial transactions
Section B: Equitable devices used to take security in commercial contracts
· Taking security in loan contracts
· Equitable charges
· Establishing title at common law and in equity
· Example: collateralisation in financial transactions
Section C: The recovery of property in commercial litigation
· Breach of trust in commercial and investment transactions
· Recovery of property in relation to terminated transactions
· Personal liability to account of commercial intermediaries
· Case study: the local authority swaps cases
Section D: Investment of trust funds
· The duty to invest under statute
· The duty to invest in the case law
· Principles of the law of finance
· Issues with portfolio investment strategies
Sequence:
Section A first.
Textbooks:
Alastair Hudson, Equity and Trusts 5th ed (London: Routledge-Cavendish Publishing, 2007), ISBN: 9780415418478
Alastair Hudson, Understanding Equity and Trusts 3rd ed (London: Cavendish Publishing, 2008), ISBN: 9781859418871