Trust Law: With particular reference to the views of Lord Wilberforce and Lord Hodson in McPhail-v-
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Trust Law: With particular reference to the views of Lord Wilberforce and Lord Hodson in McPhail-v- Trusts owe much of their present existence to the role of Equity but they have also been confined by the very same principles. The certainty requirements of Trusts is one such example of the role Equity plays, it has however managed to break from the confines of certain equitable principles by enlightened judicial intervention which places a greater reliance on different equitable principles. The law relating to certainty has been formulated, in line with equitable principles, in various cases in the nineteenth and twentieth century. These cases were somewhat agglomerated in I.R.C.-v-Broadwater Cottage Trust by Jenkins L.J. but confusion predominated his judgement because it was impossible to draw a clear line between argument and judgment. It is however possible to define some points from his judgment. He seems to feel bound by Morice-v-Bishop of Durham...


