UK Supreme Court's judgment in Akers v. Samba  UKSC 6
May 16th 2017
The Supreme Court's lengthy but interesting judgment in
Akers and others (Respondents) v. Samba Financial Group
(Appellant)  UKSC 6 can be read in full at the Resources Page.
It contains a highly informative overview of the perceived but
false "dichotomy" between a propriétary school and the personal
remedy school of thought, as it places each facet of the trust
concept within the context of its application.
It is simply not enough for certain civilian lawyers and
legislators to dismiss the trust as a mere "contrat", as the
Supreme Court ably demonstrates. Cleansing the civilian
stables of such misonceptions is almost acheived by the Supreme
Court in this judgment.
The concept of a trust being engrafted or impressed upon a
property right in a civil law country, which otherwise does not
recognise it, is placed within the context of the enforcement
against the "trustee", and under the limitation of "Equity's
darling" or blue eyed boy (per Professor Julian Farrand QC) , the
bona fide purchaser for value without notice.
I wil update this post in an incremental manner in that it is
relevant to the recognition of trusts generally abroad, and the
judgment is of consequence in relation to trusts or remedies in