Congratulations to Prof. Hui Jing on his promotion to Associate Professor! Prof. Jing is a prolific researcher with an excellent publication record. He is a rare scholar of comparative trust law who can effectively cover both the Chinese and common law jurisdictions. He is one of the few experts worldwide capable of engaging deeply with both legal traditions. Prof. Jing is a valuable member of our Faculty, and this promotion is a well-deserved recognition of his contributions. To read more about Prof. Jing's research and publications, click here.
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Showing posts with label equity and trusts. Show all posts
Showing posts with label equity and trusts. Show all posts
Friday, December 26, 2025
Monday, November 17, 2025
Hilary So on Estoppel: adopting constructive trust to remedy an unhonoured promise (Trusts & Trustees)
"Estoppel: adopting constructive trust to remedy an unhonoured promise"
Hilary H W So (JD 2024, PCLL 2025)
Trusts & Trustees
Published online: October 2025
Hilary H W So (JD 2024, PCLL 2025)
Trusts & Trustees
Published online: October 2025
Abstract: This article examines the scope for England’s recognition of remedial constructive trusts (RCTs) after reviewing the respective legal positions across common law jurisdictions. Having regard to relevant doctrines, jurisprudence and policy concerns, this article proposes estoppel with the following elements as the proper basis for recognising RCTs under English law: (i) a clear and unequivocal assurance by the promisor, (ii) detrimental reliance by the promisee, (iii) justice in all circumstances, and (iv) an appropriate apportionment by the Court. It further suggests that legislative intervention and proper judicial assessment are appropriate solutions to the general concerns about RCT in insolvency contexts.
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