Peter Jaffey

  • Tuesday 13 June 2017
  • 5.30pm-6.30pm
  • Ken Edwards Building, Lecture Theatre 1
  • Professor Jaffey and Professor Penelope Allison will each present a half-hour lecture

The legal nature of the trust

The trust is said to be the most important legal innovation to have emerged from the common law system. The law of trusts goes back several centuries and remains of enormous practical importance. Vast amounts of money are held on trust as savings or pensions, and the trust is widely used as a remedial device, to recover or allocate property. But curiously the legal nature of the trust has always been and remains contentious.

The trust was the invention of equity as a distinct part of the law, and one issue is how (if at all) the trust depends on the nature of equity and the relationship between equity and the common law. Another issue is whether the interest of a beneficiary under a trust is essentially a property right in the trust property or a personal right against the trustee, and a related issue is the nature of "equitable property". The lecture will be about the nature of the trust and some controversial issues surrounding the trust and their significance in the modern

Peter Jaffey, Professor of Law

Professor Peter Jaffey joined the Law School in August 2016. He previously taught at Brunel University and Nottingham University and before that was briefly in legal practice as a solicitor specialising in intellectual property.

He has published in leading international journals and is the author of two monographs, The Nature and Scope of Restitution (Hart Publishing), which was the joint winner of the annual SLS Prize for Outstanding Legal Scholarship by Younger Scholars, and Private Law and Property Claims (Hart Publishing).

His research interests are in trusts and property, restitution, contract remedies, and generally common law reasoning and the remedial and theoretical aspects of private and commercial law, and company law.

His first degree was from Cambridge where he studied Natural Sciences and Law, and he has an LLM from the LSE. He has had funding from the AHRB and the Max Planck Institute.

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