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Part II History, 3 Evolution

From: The Supervisory Jurisdiction Over Trust Administration (1st Edition)

Daniel Clarry

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Performance of contract — Remedies for breach of contract

This chapter focuses on how the mould of the Chancery procedure needed to be broken, despite its basic principles of performance and protection being sound. Legislative intervention and a number of revolutionaries were required. The advent of summary procedures to enliven the supervisory jurisdiction for targeted intervention in trust administration was transformative. The statutory reforms in the mid- to late 19th century fragmented the superintendence of trusts by the Court into routine aspects that could be exercised more expediently to alleviate and overcome difficulties in the performance of trusts, without paralysing trust administration in the process. Impacted by modern standards, those reforms form the basis for the supervisory jurisdiction over trust administration in modern times.

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