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Judicial Reasoning in Statutory Trust and Client Money

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

Considers, with reference to cases including Re Lehman Brothers International (Europe) (In Administration) (SC), whether judicial reasoning in interpreting a statutory trust on client money illustrates the dichotomy involved in using trusts both to safeguard property rights and to regulate the commercial context. Reviews the client money rules, the justifications for using statutory trusts, and how judicial neutrality is exercised purposively.
Original languageEnglish
Pages (from-to)244-261
JournalThe Conveyancer and Property Lawyer
Volume82
Issue number3
Publication statusPublished - 2018
Externally publishedYes

Bibliographical note

Research Unit(s) information for this publication is provided by the author(s) concerned.

Research Keywords

  • Client money
  • Interpretation
  • Judicial decision-making
  • Jurisprudence
  • Statutory trusts

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