Trustee duties versus equity’s moral conscience: trust law’s inadequate facilitation of socially responsible investment

Abstract

Abstract Socially responsible investment (SRI) aims to affect social change whilst delivering financial benefits to investors. This article explores the extent to which trust law facilitates SRI. An analysis of trustee duties will demonstrate that, though in practice SRI is possible, the opportunities to lawfully employ such policies are limited. This insufficient facilitation conflicts with equity’s morally normative conscience which, it is argued, should necessitate SRI’s availability. This conflict is reconciled through an analysis of equity’s wider functions. Following an exploration of attempts at SRI facilitation within charity law, this article concludes by proposing an amendment to the Trustee Act 2000.