Falsifying falsification

Abstract Almost a decade after the UKSC’s decision of AIB v Redler, there remains significant academic criticism and judicial scepticism towards the employment of causal inquiries in equity’s remedial response to trustees’ misapplications of trust property. This article seeks to defend AIB, and the causal principles enunciated therein, from those criticisms. It does so by arguing that the interpretative arguments and normative justifications propounded in the literature in favour of falsification orders rest on shaky foundations. Consequently, it takes the view that the remedial principles espoused in AIB should be broadly accepted as representing equity’s general remedial approach to custodial breaches of trust.

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Publication Details

Journal
Trusts & Trustees
Published
2024-08-19
DOI
https://doi.org/10.1093/tandt/ttae069
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
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article

Falsifying falsification

Choi Young Jae
Trusts & Trustees
Legal principles and applications
article

Falsifying falsification

Choi Young Jae
article en

Abstract

Abstract Almost a decade after the UKSC’s decision of AIB v Redler, there remains significant academic criticism and judicial scepticism towards the employment of causal inquiries in equity’s remedial response to trustees’ misapplications of trust property. This article seeks to defend AIB, and the causal principles enunciated therein, from those criticisms. It does so by arguing that the interpretative arguments and normative justifications propounded in the literature in favour of falsification orders rest on shaky foundations. Consequently, it takes the view that the remedial principles espoused in AIB should be broadly accepted as representing equity’s general remedial approach to custodial breaches of trust.

Trusts & TrusteesVol. 30(9)
National University of Singapore (SG)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Legal principles and applications
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