MLA – Trusts without Equity – Barrister Ruairi O’Neill

MLA – Trusts without Equity – Barrister Ruairi O’Neill

Abstract

The Hague Trusts Convention has resulted in the common law trust moving from being a local phenomenon to becoming an important legal device in international commerce. Some EU Member States have enacted the Convention to recognise foreign trusts in their own systems, while others have created their own form of the trust. This talk will look at recent UK Supreme Court judgments that suggest that the grip of Equity over the commercial application of trusts is loosening, which may ultimately result in England and Wales moving closer to, for example, Malta, in its interpretation of the express private trust for commercial purposes.

BIO

Barrister Ruairi O’Neill was called to the Bar of England and Wales in 2012. He  lectures English law and EU law at the University of Warsaw; he is a commercial mediator, and provides training for judges and lawyers in Central and Eastern Europe. His current doctoral research focuses on the theory of the common law express trust and variants adopted in other EU Member States.