I have been commissioned by the Law Society to write a new book for practitioners entitled the Contentious Trusts Handbook – Practice and Precedents.
Trust litigation takes place within a theoretical and policy framework in which the legal principles governing duties, rights and remedies have been formulated and applied for centuries by courts of equity in England and throughout the common law world, notably in: Australia; Canada; New Zealand; and the United States. The Contentious Trusts Handbook aims to provide a clear practical and comprehensive exposition of the English law principles that apply in commonly encountered trust disputes, and of the practice and procedure governing trust litigation in the English courts. The handbook also contains detailed discussion of mediation and arbitration. The book will be accompanied by a set of current precedents.
My aim is to write a practical, accessible and authoritative handbook for practitioners which covers all aspects of the law and practice relevant to trust disputes litigated in the English courts, including:
- accounting actions
- claims for inspection of documents
- rectification and rescission
- breach of trust
- breach of statutory and equitable duties of care
- removal of trustees
- enforcement of rights under a trust
- remedies against third parties (including common law and equitable tracing; non-party disclosure and Norwich Pharmacal orders)
- freezing injunctions
- constructive and resulting trust claims.
In addition to detailed guidance on claim analysis and preparation, proceedings in the Business and Property Courts, transnational trusts litigation and the CPR, I will give an account of costs management, and consider all ADR options.
A generous appendix containing helpful precedent letters, pleadings and orders, will also be included on an accompanying free CD-ROM.
The appendix will also contain a practice note about trust disputes involving art and heritage assets that with be co-written with an eminent art scholar and historian in London.
The book is scheduled for publication in October 2019.