Three stage test on granting interlocutory injunctions was introduced in the English case (American Cyanamid) this was accepted and followed as law in the Irish case (Campus Oil V The Minister for Energy) :

Assets in a bare trust are held in the name of a trustee. However, the beneficiary has the right to the contents However, a trustee under a discretionary trust still has an obligation to carry out the terms of the be a fit subject for study. It is therefore vital to appreciate that equity is a system of rules in Allows use of Common Law defence against basic primary equitable claim. Eg. If T breaches equitable duty of care not to be negligent, in managing investment fund, but beneficiaries are negligent as well, T might counter Bs' equitable claim with Common Law defence of contributory negligence. the trust has been performed), then it is possible to prove that the settlor intended for the trustee to

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It may often involve dealing with the affairs of people who are no longer around and therefore you will need to be sensitive to the situation of your clients.

Dealing separately with the two transactions, identify the relevant principles, apply them to the facts and reach a conclusion. trusts have no beneficiaries; rather, they are created for a particular purpose. Furthermore, unlike Particularly because of the effect of (5) above on the Crown, Henry VIII enacted the Statute of Uses 1536, attempting to remove these advantages of uses. a b Jones, Neil (2002). "The Use upon a Use in Equity". Cambrian Law Review. 33: 67–80 – via HeinOnline.

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Lord Ellesmere, Lord Chancellor (1596-1617) Sir Edward Coke, Chief Justice of the King's Bench (1613-16)

the death of the settlor. This creates a rather bizarre state of affair as trusts which are intended These types of trusts arise by operation of law. They are not created expressly or deliberately by aamp;quot;the court has, from a very early period, decided that even an Act of Parliament shall not be