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Explain and justify your answer by reference to case-law and to academic authority.

Description

Coursework Question

“Pennington has both reinterpreted and radically reformed the existing law” – Sean Sutherland, “Defying easy explanations — the case of Pennington v Waine 18 years on,” (2020) Trusts and Trustees 26(5) 404, 405

“a hard case making bad law” – Jamie Glister and James Lee, Hanbury & Martin: Modern Equity (21st edn, Sweet & Maxwell 2018) 5-012

Which of these views – or what other one – do you consider to be the best description of Pennington v Waine [2002] EWCA Civ 227 (CA)?

Explain and justify your answer by reference to case-law and to academic authority.

Word Limit: 1500 words excluding footnotes and bibliography. The word count should be stated on the top of the document.

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