Equity in Australia and the United Kingdom: Dissonance and Concordance

20 Pages Posted: 14 Nov 2019

See all articles by Mark Leeming

Mark Leeming

The University of Sydney Law School

Date Written: October 25, 2019

Abstract

This paper falls within the area of “comparative common law” (a concept which includes equity). It touches on four aspects of equitable principle. Speaking generally, some aspects of the first and second (confidential information and liability for knowing assistance in a breach of trust) in the Australian and United Kingdom legal systems have diverged; some aspects of the third and fourth (exceptions to Saunders v Vautier and judicial advice) have converged. How did that come about and what can be learned from it?

Keywords: comparative common law, equity, confidential information, Barnes v Addy, Saunders v Vautier, judicial advice, assessing persuasive weight of international decisions

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark, Equity in Australia and the United Kingdom: Dissonance and Concordance (October 25, 2019). Sydney Law School Research Paper No. 19/66. Available at SSRN: https://ssrn.com/abstract=3486569

Mark Leeming (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
128
Abstract Views
334
rank
226,896
PlumX Metrics