Email: D.C.Clarry@lse.ac.uk
Room: New Academic Building 7.23
Tel. 020-7955-7870
Dr Daniel Clarry is a Fellow in Law at the London School of
Economics and Political Science (LSE) where he teaches on property and
trusts. Before joining LSE, Daniel was a Fellow in Private Law and Lecturer
on Law at Harvard Law School (HLS) where he was involved in various
initiatives of the Project on the Foundations of Private Law, including the
Fourth Restatement of the Law on Property, and taught Advanced
Topics in Trust Law. Before joining HLS, Daniel read for a doctorate
(PhD) in law at the University of Cambridge in which he examined the
supervisory jurisdiction over trust administration. During his time at
Cambridge, Daniel taught equity and trusts at the undergraduate level in
various colleges and gave lectures in the Master of Laws (LLM) course,
Commercial Equity (in respect of which he was also appointed LLM Assessor).
Prior to reading for his PhD, Daniel was called to the bar in Australia
where he practised as a barrister with a broad commercial practice,
including being briefed to advise and appear in arbitration, mediation, and
litigation in a wide range of matters. In addition to publishing book
chapters and journal articles in prominent titles, Daniel has also given
papers in Australia, Canada, England, Guernsey, Germany, Norway and the
United States. Daniel is presently working on two books: The Irreducible
Core of the Trust for the Hart Studies in Private Law series (Bloomsbury
2017); and Trust Administration: The Supervisory Jurisdiction (Oxford
University Press 2018). Daniel is also an Editor-in-Chief of an innovative
new publication, The UK Supreme Court Yearbook.
Research interests
Daniel’s research interests lie broadly in private law,
especially property (personal and real) and trusts. Daniel is also
interested in: bankruptcy and insolvency; civil procedure; commercial law;
competition and consumer law; legal history; and judicial institutions.
Trust Administration: The Supervisory Jurisdiction (Oxford
University Press, 2018) [FORTHCOMING]
The Irreducible Core of the Trust (Bloomsbury, 2017)
[FORTHCOMING]
Daniel Clarry and Christopher Sargeant (eds), The UK Supreme
Court Yearbook, Volume 6: Legal Year 2014-15 (Appellate Press
Ltd, 2015)
‘Mandatory and Default Rules in Fiduciary Law’ in E Criddle, P Miller and R
Sitkoff (eds), Oxford Handbook of Fiduciary Law (Oxford University Press,
2017) [FORTHCOMING]
‘The Removal of Trustees by Arbitration’ in SI Strong
(ed), Arbitration of Trust Disputes (Oxford University Press, 2016)
'Fiduciary Ownership and Trusts in a Comparative Perspective' (2014) 63(4)
International & Comparative Law Quarterly, pp. 901-933
Ownership is an essential feature of trusts that
serves as a useful analytical and comparative tool in order to cross legal
traditions and compare different legal institutions, which to a greater or
lesser extent serve similar socio-economic and legal functions. The
concentration on ownership enables one to burrow down into the normative roots
of different legal traditions. This article comprises three substantive parts:
first, characterizing ownership and the manner in which this concept
distinguishes the civil and common law traditions; second, contextualizing
ownership in relation to trusts from different legal systems; and, third,
conceptualizing some contemporary challenges arising out of the divergent nature
of ownership in the phenomenology of the trust paradigm, the value of the trust
to comparative law and its effect on the civil law as a distinct tradition. It
is argued that trusts necessarily involve the fiduciary administration of
property and that ‘fiduciary ownership’ is a better shorthand description of the
encumbered nature of trust property, rather than 'dual' or 'split' ownership,
which is misleading and mistaken.
click here for full text via
CUP [ON CAMPUS]
click here for full text via
CUP [OFF CAMPUS]
'Exclusions and Exemptions in Onshore and Offshore Trusts'
(2014) 12(3) Trusts Quarterly Review, pp. 31-43
Following Spread v Hutcheson, Guernsey and Jersey trusts law has been aligned
more closely with English and Welsh law with regards to duties and standards of
care. However, a clear legislative provision is required in England and Wales in
order to limit exclusions and exemptions
click here for full text
‘The Offshore Trustee en bon père de famille’ (2014) 17(1) Jersey & Guernsey
Law Review, pp. 5-53
This article analyses the recent decision of the Judicial Committee of the Privy
Council in Spread Trustee Co Ltd v Hutcheson and considers the effect of
the Board’s reasoning on comparative trust law and contemporary trust practice
(both on and offshore). The article situates the Privy Council’s judgment in the
ongoing debate over the permissible scope of trustee exemption clauses, as well
the emerging stream of jurisprudence on the irreducible core approach in trust
law. The article considers the standard of care that must be exercised by
trustees in a number of jurisdictions, including England, Guernsey, Jersey,
Scotland and South Africa. Although the irreducible core of a Guernsey trust
includes the obligation of a trustee to observe the utmost good faith and act en
bon père de famille, the Board failed to explain how the indemnified conduct of
a grossly negligent trustee can be reconciled with that unique obligation.
Guernsey and Jersey have now legislated precisely on the standard expected of
offshore trustees to ensure that trustees are not permitted to act in a grossly
negligent manner with impunity in their administration of Guernsey and Jersey
trusts.
click here for full text
‘Contemporary Approaches to Market Definition: taking account of international
markets in Australian competition law’ (2009) Vol 37(3) Australian Business
Law Review, pp. 143-183
