Defences in Equity

Paul S Davies is Professor of Commercial Law at University College London. Simon Douglas is an Associate Professor of Law at the University of Oxford and a Fellow of Jesus College, Oxford. James Goudkamp is Professor of the Law of Obligations at the University of Oxford, a Fellow of Keble College, Oxford, and a barrister at 7 King’s Bench Walk.

1. Introduction
PAUL S DAVIES, SIMON DOUGLAS AND JAMES GOUDKAMP
2. Equitable Defences as Meta-Law
HENRY E SMITH
3. Set-Off and the Nature of Equity
ROBERT STEVENS
4. Purchase for Value Without Notice
DAVID FOX
5. Beneficiaries’ Consent to Trustees’ Unauthorised Acts
YING KHAI LIEW AND CHARLES MITCHELL
6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation
SIMONE DEGELING
7. Exemption Clauses in Trusts
PHILIP SALES
8. Professional Advice
MICHAEL ASHDOWN
9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets
PG TURNER
10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability
JOSHUA GETZLER
11. Marshalling Marshalling
CHRISTOPHER HARE
12. Illegality in Equity
PAUL S DAVIES
13. The Future of Clean Hands
NICHOLAS J MCBRIDE
14. ‘Not Slavishly Nor Always’—Equity and Limitation Statutes
MARK LEEMING
15. The Importance of Being Earnest: The Doctrines of Laches and Acquiescence
LUSINA HO