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Commercial trusts law

LWM06

This course looks particularly at how Trusts Law is used in commercial contexts. In recent years, because this area of law has become more and more complex that means the litigation has become more complex as well. Therefore it is usually parties with very deep pockets, such as large corporations and high net worth individuals who tend to have been engaged in this kind of litigation, or else it is disadvantaged people who have received legal aid and therefore the state has been responsible for legal fees. From the 1990’s onwards there have been a lot of important cases in this field. This course considers how the trusts law is used commercially by commercial entities, banks and other financial institutions and large corporations to achieve their commercial goals and how some of the case law filters into this.

Module A: The nature of commercial trusts

LWM06A

  • Equity, trusts and commercial expectations
  • The contractarian account of trusts
  • Unit trusts and other financial uses of trusts
  • The constitution of express trusts in commercial transactions

Module B: Equitable devices used to take security in commercial contracts

LWM06B

  • Taking security in loan contracts
  • Equitable charges
  • Establishing title at common law and in equity
  • Example: collateralisation in financial transactions

Module C: The recovery of property in commercial litigation

LWM06C

  • The recovery of property in commercial litigation
  • Breach of trust in commercial and investment transactions
  • Recovery of property in relation to terminated transactions
  • Personal liability to account of commercial intermediaries
  • Case study: the local authority swaps cases

Module D: Investment of trust funds

LWM06D

  • The duty to invest under statute
  • The duty to invest in the case law
  • Principles of the law of finance
  • Issues with portfolio investment strategies

Assessment

Each module is assessed by a 45-minute unseen written exam.

Sequence

Students are required to attempt Module A first.

How to apply

You can apply to study a module individually as a standalone unit or as part of a Postgraduate Certificate, Postgraduate Diploma or Master of Laws qualification. (In either scenario, they must be studied in order.)

These modules also contribute towards the following specialist pathways for Laws:

  • Banking and Finance Law
  • Commercial and Corporate Law
  • Common Law
  • Corporate and Securities Law
  • Equity and Trusts
  • Financial Services Law
  • International Business Law

Apply via Postgraduate Laws.

Study Material

Academic Co-ordinator

Professor Alastair Hudson

Professor Alastair Hudson

Professor Alastair Hudson FHEA, FRSA, is the Course Convenor for: Commercial Trusts Law, Securities Law, Equity and Trust in Context, International and Comparative Trusts Law, Law on Investment Entities, Private Aspects of the Law and Finance and Law of Financial Crime.

Alastair is an English barrister and academic. He was Professor of Equity & Law at Queen Mary University of London for fourteen years. Between 2012 and 2014, he was Professor of Equity and Finance Law at The University of Southampton. He is a National Teaching Fellow, a Fellow of the Higher Education Academy, and a Fellow of the Royal Society of Arts. He was voted UK Law Teacher of the Year in 2008 and was awarded the Excellence in Teaching Award 2014 by the University of Southampton for "Overall Outstanding Lecturer."