LLB Law

The course will explore the role of trusts and trustees in the legal system of England and Wales and the rules and principles that embody the law of trusts, including the creation of express trusts, and the use of purpose, charitable, resulting and constructive trusts.

It will consider the administration of trusts and how trustees are regulated by law, including their fiduciary role and their liability for breach of trust, and the remedies for breach of trust and fiduciary duty, as well as broader Equitable remedies.

The unit aims to:

Enable students to develop their understanding of the role of Equity in the legal system of England and Wales in its contemporary context, and further their understanding of property law, drawing on content taught in Land Law in Year 2, with a focus on trusts.

It aims to impart a sound understanding of the principles of trusts law and the development and role of trusts and trustees in the legal system of England and Wales, and to enhance students’ understanding of property law in practice and of Equity’s distinctive contribution to this discipline.

It provides a basis for further study of Property Law in Year 3 and aims to blend the academic challenges of Equity and trusts with their practical context in a way that inspires students to think critically and creatively about law’s response to problems in a range of contexts.

This optional course unit is available to LLB Law, Law with Criminology and Law with Politics students in Year 3 of their studies. It is one of the Foundations of Legal Knowledge subjects required for students wishing to satisfy the Academic Stage of Training for the Bar Standards Board.

This course unit uses the standard approach of a combination of lectures and workshops as the scheduled teaching and learning activities.

Lectures will introduce concepts and legal doctrine and contextualise knowledge and understanding to support independent learning. Interactive elements will support the development of practical and transferable skills, and content will highlight role of justice, ethics and social responsibility in this area and support the development of commercial awareness and employability.

Workshops will encourage students to participate in small group study and enhance their transferable skills. They will provide opportunities to explore the content of the taught content (supported by independent study), develop advanced legal and academic skills and provide opportunities to analyse and apply the law and receive peer feedback on understanding and skills.

This course unit has a Blackboard page which will be used to deliver the range of course materials and information about teaching, learning and assessment for that course unit. The online resources will support the development of transferable skills with practical tasks that have a formative component.

Students will be encouraged to reflect on their learning and group participation in workshop tasks and will be able to personalise their studies to accommodate the diversity of student interests from commercial to social justice perspectives.

Explain the principles, values, and doctrine of Equity in the legal system of England and Wales.
Analyse the law of trusts, explaining how and why trusts are created expressly, impliedly or by operation of law, how they operate and how trusts and trustees are regulated in the legal system of England and Wales.
Consider current tensions in the law of Equity and trusts from a national and international context, and speculate on possible future developments, drawing on economic, social, political and practical factors.
Explore Equity’s role in the areas of business, commerce and social justice and its contribution to regulating the role of legal and other professionals from a legal and ethical perspective.
 

Analyse and apply the primary sources of the law of Equity and trusts to problem scenarios.
Evaluate the principles and doctrine of Equity and trusts law, developing arguments and forming judgements about the law and its role and future developments.
Identify, interpret, and evaluate relevant legal and, where appropriate, non-legal sources.
 

Carry out academic research, using a range of sources and tools and referencing sources correctly.
Analyse documents and materials to identify relevant information and issues and provide advice in a simulated practical or professional setting.
 

Communicate complex information and arguments to a range of audiences.
Work independently, taking responsibility for study and reflecting on feedback and development.
 

Student will receive written individual and cohort feedback within university timeframe.

W. Barr & J. Picton, ‘Pearce and Stevens’ Law of Trusts and Equitable Obligations’ (Oxford, OUP, 2022)