Subjects:

Equity and Trusts

Contents:

Part 1

Statutory regulation of financial services and general fiduciary obligations: fiduciary law and the modern commercial world, Paul Finn.

The statutory regulation of financial services in the United Kingdom and the development of Chinese Walls in managing conflicts of interest, Peter Graham

The relationship between regulations governing the financial services industry and fiduciary duties under the general law, Jack Beatson.

Part 2

Directors' duties to shareholders, creditors, and employees: directors, creditors and shareholders, D.D.Prentice

Directors' fiduciary duties and individual shareholders, D.D.Prentice

Directors' fiduciary duties and individual shareholders, Paul L.Davies

Directors' duties to shareholders, employees and other creditors - a view from the continent, Klaus J.Hopt.

Part 3

Trusts in the recovery of misapplied assets: the recovery of a director's improper gains - proprietary remedies for infringement of non-proprietary rights, Roy Goode

Trusts in the recovery of misapplied assets - tracing, trusts, and restitution, Peter Birks

The treatment of trust assets in English insolvency law, Hamish Anderson.

Part 4

Asset protection for multinational companies and their shareholders: asset protection for multination corporations, Harry Wiggin

The adaptation of the asset protection trust for use by the multinational corporation - the American perspective, Jeffrey Schoenblum.

The theme of the essays in this volume recognises the continuing practical importance of equity in the law today. But it is not in connection with formal trusts in family settlements that equity makes itself most powerfully felt. It is in other forms or other equitable obligations, often in a commercial context, and in particular involving the fiduciary obligations of those in whom trust or confidence is reposed and in the consequences of any breach of those obligations that equity continues to play a significant role.