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Always the serious student's choice for a Trusts Law textbook, the
new seventh edition of Moffat's Trusts Law once again provides a
clear examination of the rules of Trusts, retaining its hallmark
combination of a contextualised approach and a commercial focus.
The impact of statutory developments and a wealth of new cases -
including the Supreme Court and Privy Council decisions in Patel v.
Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC,
Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic
of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining
of the chapters on charitable Trusts, better to align the book with
the typical Trusts Law course, helps students understand the new
directions being taken in the areas of Trust Law and equitable
remedies.
Although much has been written on organised civil society - the
loose collective of organisations that operate outside the public
sector, the private market and the family unit - over the past 30
years, there has been little jurisprudential analysis. This is in
spite of the fact that a number of jurisdictions, including
England, New Zealand, Northern Ireland and Scotland, have recently
implemented major reforms to the regulatory frameworks in which
civil society organisations operate, with a particular emphasis on
the charitable sectors. Redressing the balance, this monograph
considers from first principles when it is appropriate to regulate
organised civil society and how that regulation might best be
accomplished. Four broad issues are addressed: (a) whether the
activities undertaken by civil society organisations are distinct
from the activities undertaken by the state or the market, either
because they are pursued in unique ways, or because they produce
unique outcomes; (b) if so, whether it is justifiable to regulate
organised civil society activities in a sector-specific way; (c) if
it is, whether the peculiar characteristics of these activities
make one type of regulation more appropriate than another; and (d)
whether it is appropriate to distinguish between charities and
other civil society organisations for regulatory purposes. The
monograph integrates the traditionally separate disciplines of
civil society theory and regulation theory to provide answers to
these questions and advance a rudimentary theory of regulation
specific to organised civil society.
Public Benefit in Charity Law examines the legal principles and
practical applications of the public benefit test in charity law in
the UK, Australia, Canada, New Zealand and the Republic of Ireland.
In order to obtain charitable status, an organization must not only
have exclusively charitable purpose but also demonstrate that it
provides a benefit to the public. There is a considerable body of
shared case law on public benefit in these jurisdictions and yet to
date there has been no comprehensive study of the topic. It is
highly topical, given the many statutory reforms to public benefit
in Australia, England, and Scotland, as well as the legislative
reforms in Northern Ireland. In England, for instance, the
Charities Act 2006 removed the presumption that some charitable
purposes automatically provide a public benefit, and for the first
time all charities are required to demonstrate that they satisfy
the common law public benefit requirements. The impact of the
reforms on independent schools and health care charities, which
risk losing their charitable status if they are seen as only
benefiting private individuals, attracted considerable political
and media attention. The book sets out a critical analysis of the
general principles of public benefit that have developed since the
emergence of the doctrine in England in the nineteenth century, and
its export to the other jurisdictions. These principles are
evaluated in the light of the traditional justifications for the
public benefit requirement. The book also considers the practical
implications of these principles in relation to specific areas of
charitable activity in each jurisdictions. The analysis includes
issues affecting education, health care provision, religious
charities, human rights charities, political campaigning, and
environmental action. Reference to other jurisdictions including
the Republic of Ireland and the USA is made where such comparison
is helpful.
This latest edition of Moffat's Trusts Law has been fully revised
and updated to cover recent statutory developments and explores the
impact of a wealth of new cases including the Supreme Court
decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar
Capital Partners (2014) and Williams v. Central Bank of Nigeria
(2014). It has been restructured to incorporate a new chapter on
the internationalisation of the trust which provides an
understanding of the new directions being taken in the areas of
trust law and equitable remedies. Supplementary material includes
an online chapter on occupational pension schemes. With suggestions
for further reading guiding the student to contemporary debates,
this leading textbook retains its hallmark combination of a
contextualized approach and a commercial focus, and remains the
serious student's textbook of choice.
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