ABSTRACT
Despite recent claims to the contrary, the law of resulting trusts is in a state of considerable confusion. Perhaps not the sort of confusion to trouble the layperson, or even on many occasions the practitioner, but very much a confusion to trouble the appellate judge or the theorist. This deficiency of the existing categorization of trusts law prompts a further set of questions, which look beyond trust law, rather than within it, to consider the appropriate range of operation of properly-understood resulting trusts. The views taken on the broad theoretical issues of internal categorisation and external relations inevitably affect and reflect the proper analysis to be made of particular cases; and will have implications for those arguing, deciding and criticising cases to be heard in the future. This chapter aims to establish a single proposition around which a good number of the disputants might be prepared to assemble.
