Examining the English Necessary Interest Rule in the Charitable Trust Setting
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In England, Parliament introduced the ‘necessary interest rule’ through the enactment of section 115 of the Charities Act 2011 (England and Wales), allowing ‘any person interested’ in a charitable trust to initiate charity proceedings against defaulting trustees in their administration of charitable assets. In the presentation, Hui will, first, explain the ways in which the courts have interpreted the necessary interest rule and, secondly, discuss the theoretical implications of the necessary interest rule for understanding the conceptual nature of English express trusts.
Hui completed his PhD at the University of Melbourne, where his doctoral thesis was awarded the Melbourne Law School Harold Luntz Graduate Research Prize for Best PhD Thesis. Prior to his PhD, Jing obtained his master’s degree (by research) in intellectual property law from Peking University and his LLB from China University of Political Science and Law. Hui teaches and conducts research in equity and trust, contract, and property. He has published in journals including Legal Studies, the American Journal of Comparative Law, and the Journal of Equity, and he has contributed chapters to several edited collections.