Equity and Trusts

Citation

Hudson, A. (2025). Equity and Trusts (11th ed.). Routledge.

Chapter Summary

The book has twenty-seven chapters in ten parts, a glossary, tables of cases and legislation, and a bibliography. It is a long single-author text: the publisher gives 1,250 pages. Six of the chapters (7, 14, 17, 25, 26 and 27) are labelled "Essay" in the contents. The publisher describes the book as a clear, current and comprehensive account that uses real-life examples and also probes the geopolitical problems trusts law has created, alongside the traditional technical ones. Only chapter titles are available, so the summaries below describe scope from the titles.

Part 1: Fundamentals of Equity and Trusts (Chapters 1–2)

Chapter 1, "The nature of equity", and Chapter 2, "The nature of the trust", lay the groundwork for the rest of the book.

Part 2: Express Trusts (Chapters 3–7)

Chapter 3, "Certainty in the creation of express trusts", is followed by Chapter 4, "The rights of beneficiaries and the beneficiary principle", Chapter 5, "The constitution of trusts", and Chapter 6, "Secret trusts". Chapter 7 is an essay on "The paradox of express trusts".

Part 3: Administration of Trusts (Chapters 8–10)

Three chapters on running a trust once it exists: "The duties of trustees" (Chapter 8), "The investment of trusts" (Chapter 9) and "The powers of trustees and the variation of trusts" (Chapter 10).

Part 4: Trusts Implied by Law (Chapters 11–14)

"Resulting trusts" (Chapter 11), "Constructive trusts" (Chapter 12) and "Equitable estoppel" (Chapter 13) cover trusts and related doctrines that arise without an express declaration. Chapter 14 is an essay on "Fiduciaries".

Part 5: Equity, Trusts and the Home (Chapters 15–17)

"Trusts of homes" (Chapter 15) and "Trusts of land" (Chapter 16) deal with the family home, followed by an essay on "Family law, human rights law and equity" (Chapter 17).

Part 6: Breach of Trust and Related Equitable Claims (Chapters 18–20)

"Breach of trust" (Chapter 18), "Strangers" (Chapter 19) and "Tracing" (Chapter 20) cover liability for breach, claims against strangers to the trust, and following property into other hands.

Part 7: Commercial Uses of Trusts (Chapters 21–22)

"Commercial trusts law" (Chapter 21) and "Quistclose trusts" (Chapter 22) turn to the use of trusts in business settings.

Parts 8 and 9: Charities; Injunctions (Chapters 23–24)

Chapter 23, "Charities", and Chapter 24, "Injunctions and confidences", extend the book beyond private trusts to charity law and to the equitable remedy of the injunction.

Part 10: Theoretical Questions Relating to Equity and Trusts (Chapters 25–27)

Three essays close the book: "The geopolitics of international trusts law" (Chapter 25), "The concept of conscience in equity" (Chapter 26) and "Themes in equity" (Chapter 27).

Cases New to the Eleventh Edition

The publisher lists new cases including Guest v Guest, Byers v Saudi National Bank, Stoffel v Grondona, CPS v Aquila, Lehtimäki v Cooper, Stanford Bank International Ltd v HSBC plc, Re Gamenation (UK) Ltd, Davies v Ford, Hotel Portfolio II UK Ltd v Ruhan, Butler-Sloss v Charity Commission, O'Neill v Holland, Williams v Williams and Hudson v Hathaway, without saying where each is discussed.

Key Concepts

Parts 1–3: Foundations, Express Trusts and Administration

• Certainty and constitution: the requirements for creating and completing an express trust (Chapters 3 and 5).
• The beneficiary principle: the rule examined in Chapter 4 alongside the rights of beneficiaries.
• Secret trusts: a separate topic in Chapter 6.
• Trustees' duties, investment and powers: the administration of trusts (Chapters 8–10).

Parts 4–6: Implied Trusts, the Home and Breach

• Resulting and constructive trusts; equitable estoppel: trusts and doctrines arising by operation of law (Chapters 11–13).
• Fiduciaries: the subject of the essay in Chapter 14.
• Trusts of homes and of land: Chapters 15 and 16.
• Breach of trust, strangers and tracing: liability and proprietary claims in Chapters 18 to 20.

Parts 7–10: Commercial Uses, Charities, Injunctions and Theory

• Quistclose trusts: the commercial trust form in Chapter 22.
• Charities: Chapter 23.
• Injunctions and confidences: Chapter 24.
• Conscience in equity and the geopolitics of trusts law: the theoretical questions of Chapters 25 to 27.

Critical Analysis

Strengths

• A wide scope in one volume. The ten parts take in express, resulting and constructive trusts, administration, breach, tracing, commercial trusts, charities and injunctions, so a single book can serve a wide range of syllabi.
• Engagement with context. The publisher says the book probes the geopolitical problems which trusts law has created, and the contents give separate chapters to the home, to commercial uses and to international trusts, setting the doctrine in its social and commercial settings.
• Currency. The eleventh edition names a long list of recent cases, including Byers v Saudi National Bank and Butler-Sloss v Charity Commission, which suits readers who need up-to-date authority.
• A reviewer's endorsement. A New Law Journal review quoted on the Routledge page praises the clear exposition of difficult areas, the breadth of the approach and the willingness to place equity in a wider context. The quotation is undated, so it may refer to an earlier edition.

Limitations

• Length. At 1,250 pages by the publisher's count (1,173 in Google Books), this is a very long text for a student taking one course, and readers will need to select.
• Essay chapters. Six chapters are labelled essays, among them "The paradox of express trusts" and "The geopolitics of international trusts law", which suggests an argumentative treatment. They add depth for essay writers, but a student revising for problem questions can postpone them.
• Scope beyond many courses. Charities and injunctions are chapters in their own right, and may exceed what a given trusts course examines. Readers should check the syllabus before reading them.

Where It Fits in the Course

Hudson's book is the most extensive single-author textbook in this equity and trusts list. Virgo's The Principles of Equity and Trusts is organised in eight parts and twenty chapters and is described as a contextual and critically engaged account, which makes it the more concentrated alternative. Watt's Equity and Trusts Law Directions is written for students meeting the subject for the first time and is a suitable first read before Hudson. Penner's The Law of Trusts is a concise Core Text with sustained attention to conceptual controversies.

Snell's Equity and Hanbury and Martin: Modern Equity are long-established treatises that provide detailed authority and academic debate, and are consulted for particular points rather than read through.

How to Use This Book

The publisher presents the book as an ideal textbook for undergraduate courses on the law of trusts and equitable remedies and as essential reading for all core modules in the subject. It suits students who want a single reference through the whole course.

A practical plan:

• Core: Parts 1 to 4 (Chapters 1–13) cover the creation of trusts, their administration and trusts implied by law. Part 6 (Chapters 18–20) on breach, strangers and tracing is the usual next step.
• Selected by syllabus: Part 5 on the home and Part 7 on commercial uses can be read when the course reaches them. Charities (Chapter 23) and injunctions (Chapter 24) are best read only if the syllabus includes them.
• For essays: Chapters 7, 14, 17 and 25 to 27 are the essay chapters, and are best read after the surrounding doctrine. The glossary at the front can be used to check terminology, and the list of new cases is useful for current authority.