Equity and the Law of Trusts in Ireland (7th edition) by Hilary Biehler

• Date: 01 January 2020

171

Equity and e Law of Trusts in Ireland

(7thedition)

ELLEN O’CALLAGHAN*

Equity and the Law of Trusts in Ireland by Hilary Biehler (7th edn, Round Hall,

Dublin 2020)

Equity is an area of law which is constantly developing, and this is reected in the

fact that Biehler has updated this key textbook for the seventh time.1 First published

in 1995, the book has been updated over the years to reect the changes in this area

of law, not only in relation to our own courts but also so as to provide a comparative

analysis with the legal developments of other common law jurisdictions such as

England and Wales, Canada, Australia and New Zealand.

e seventh edition not only includes updated case law which has developed since

the sixth edition, there having been a surprising number of important decisions

from both domestic and neighbouring common-law courts, but it also expands

on certain topics in the realm of equity and the law of trusts. is might answer

the question of why, aer only four years since the sixth edition, a new edition is

warranted. Biehler is known for writing in a user-friendly style that is accessible

not only for the rst-year law student but also for experienced practitioners. e

seventh edition brings the same level of clarity in its writing that has made previous

editions of the book so popular.

As with the previous editions of the book, the layout remains the same with

the rst part of the book dedicated to trusts (chapters 1–13) and the balance

(chapters 14– 20) dealing with equitable remedies. A number of the chapters

have been expanded, including chapter 6 on constructive trusts, chapter 13 on

the administration of trusts and chapter 18 on equitable estoppel. While it is not

possible within this review to consider each chapter in turn (although each chapter

would be worthy of such detailed discussion), it is proposed to highlight certain

aspects of the book which have been added or updated in the seventh edition.

Chapter 1 provides an overview in relation to general principles and includes an

updated discussion of the question of fusion between law and equity,2 referencing

* Ellen O’Callaghan is a Barrister-at-Law and Lecturer in Equity and the Law of Trusts at the

Honorable Society of King’s Inns. e author would like to thank the Editorial Board of the

Hibernian Law Journal for the kind invitation to write this review.

1 Hilary Biehler, Equity and the Law of Trusts in Ireland (7th edn, Round Hall, Dublin 2020).

2 ibid 10–19.