In Praise of Hunter v Moss—“Not ‘Turmoil’ At All”

Abstract

Hunter v Moss has been viewed with sizable scorn. Its judgement has been described as “confused”, “meaningless”, and “doctrinally wrong”. I disagree with this view—quite emphatically, in fact. In my view, the Hunter judgement is extremely profound. My article investigates what Hunter’s critics have argued, outlines their arguments’ failings, and pinpoints the outstanding contribution Hunter made to equity and trust law.