Table of Contents

Part I: Introduction
Chapter 1. Introduction
1: Chapter Summaries
2: Claims and Concepts
3: Themes and Trends Part II: History
Chapter 2. Origins
1: Procedure, Paralysis and Pendente Lite
2: Perfection and Performance
3: Protection
Chapter 3. Evolution
1: Reform Proposals
2: The Mid-19th-Century Reforms
3: The Later 19th-Century Reforms
Part III: Modernity
Chapter 4. Administration
1: General and Partial Administration
2: Advice, Authorizations, and Declarations
3: Surrendering a Discretion
Chapter 5. Regulating the Office of Trustee
1: Appointment
2: Removal and Retirement
3: Remuneration
Chapter 6. Supervising Due Administration
1: Accounting
2: Disclosure
3: Divesting and Vesting
Chapter 7. Supervising Non-Performance
1: Sanctioning Breaches of Trust, Prospectively
2: Sanctioning Breaches of Trust, Retrospectively
3: Variations and Terminations
Part IV: Remedies
Chapter 8. Equitable Compensation for Breach of Trust
1: Accounting for Wrongdoing
2: Equitable Compensation for Breach of Trust
3 Supervising Trust Administration Above and Beyond Maladministration:
Chapter 9. Judicial Review of Trustee Decision- Making
1: Conclusivity and Reviewability of Trustee Decision-Making
2: The Rise and Ruin of the Rule in Hastings-Bass
3: Reflections on the Rule in Abacus v Barr
Part V: Conclusion
Chapter 10. Conclusion

About the Author

Dr Daniel Clarry is a barrister and legal academic with professional experiences in a number of common law jurisdictions, including Australia, Canada, England & Wales and the United States. He completed a PhD in Law at the University of Cambridge where he was an Affiliated Lecturer in Law at the Cambridge Faculty of Law teaching Commercial Equity and was a Supervisor in Law at Gonville and Caius College, Cambridge. He then held post-doctoral
research fellowships in law and lectured on property and trusts at Harvard Law School and the London School of Economics. He is the author of The Irreducible Core of the Trust (Hart Publishing 2019) and the Editor-in-Chief
of The UK Supreme Court Yearbook (Appellate Press).

Reviews

this book is a true gem, highlighting an area of trust law that has not been so highlighted before and from which we therefore all benefit, academic and practitioner alike. A highly recommended addition to the bookshelf of anyone serious about the study of the interaction of the court and the trustee.
*Edward Buckland, Trusts & Trustees*

the book is a concise and worthy addition to any trusts library. It will be particularly useful for trust professionals dealing with the deeper questions that can arise in the course of referring administration questions to the court.
*Steven Kempster, STEP Journal*

a tour de force of scholarship and insightful analysis ... the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law.
*Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chambers*

The book as a whole will deserve a place on the shelves of both practitioners and academics, and I have no hesitation in commending it.
*The Rt Hon the Lord Walker of Gestingthorpe PC*