Dr Lloyd Brown

Lecturer in Law

Law

+44 (0) 1792 602954

lloyd.a.brown@swansea.ac.uk

Basic Welsh Speaker

Office - 145
First Floor
Richard Price Building
Singleton Campus

Available For Postgraduate Supervision

About

Lloyd joined Swansea University’s Hilary Rodham Clinton School of Law as a Lecturer-in-Law in August 2021. Lloyd is an alumnus of Cardiff University and obtained an LLB and PhD (in Law) from that institution in 2011 and 2016, respectively. He is currently the Course Director for Equity & Trusts 1 & 2 and teaches on the Legal System and Skills module.

Prior to his appointment, he held academic posts at Cardiff University and the University of Birmingham, as well as a Visiting Lectureship at Beijing Normal University, China (2018). At Birmingham Law School, he was a full-time lecturer in law (2017-2020) and taught a wide variety of subjects at the foundation, undergraduate, and postgraduate levels. Lloyd’s research interests are in the regulation of real property, the financial markets, and the environment, with a particular interest in environmental regulation’s impact upon financial institutions. His writings have been published in several highly respectable, peer-reviewed journals including the Environmental Law Review and Trusts & Trustees.

Areas Of Expertise

Environmental Protection Act 1990, Part IIA
Lender liability
Environmental risks
Due diligence
Fiduciary obligations and ethical investment
Environmental Social Governance (ESG)
Empirical research and semi-structured interviewing

Career Highlights

Research

Lloyd’s PhD research focused on how the enactment of the contaminated land regime, as statutorily enforced under Part IIA of the Environmental Protection Act 1990, has impacted commercial loan finance in UK banks. This research was undertaken through the procurement of qualitative data by way of semi-structured interviews with elite professionals working in the banking sector. These interviews shed light on the nature of the environment-related risks involved in loan finance post-Part IIA, together with different types of due diligence methods that lenders use to obviate such risks. Further to this, Lloyd has also written articles on the soil pollution regimes in the USA (the ‘Superfund’ regime) and China and has assessed the impact of austerity and Brexit on the enforcement of Part IIA in England and Wales.

Lloyd’s Equity & Trusts teaching has also led him to research on the role that Environment-Social-Governance (ESG) risks and increased regulation have had in reforming pension funds’ approaches to managing their portfolios and investment practices. Within this research, he has explored the ‘greening’ of the pension sector and the nature of the trustees’ fiduciary duty of investment. Ultimately, he seeks to achieve research that assists in ‘decolonising’ the field of Equity & Trusts. Together with the above, Lloyd is also interested in legal history and wishes to further explore the plurality that existed in the legal system before the enactment of the Judicature Acts 1873-1875 fused common law and Equity together.

Award Highlights

Publications

Research Highlights

Brown, L. (n.d.) Artificial Intelligence & Trusts and Trustees: A new dawn of investment opportunities and risks?. Trusts & Trustees
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa68155
Brown, L. (n.d.) Statutory trusts, planning law and open spaces: R (on the application of Day) v Shropshire Council. Trusts & Trustees, 30(2)
https://doi.org/10.1093/tandt/ttae090, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa68138
Brown, L. (2024). Trustee personal liability for contaminated land remediation: the UK position. Trusts and Trustees, 30(7)
https://doi.org/10.1093/tandt/ttae043, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa66399
Brown, L. (n.d.) An Introduction to the Contaminated Land Regime
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa66398
Brown, L. (2023). CC14 guidance update: greener investments, greater uncertainty?. Trusts & Trustees, 29(10)
https://doi.org/10.1093/tandt/ttad085, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa65000
http://dx.doi.org/10.1093/tandt/ttad085

All Research

Journal Articles

Brown, L. (2024). Trustee personal liability for contaminated land remediation: the UK position. Trusts and Trustees, 30(7)
https://doi.org/10.1093/tandt/ttae043, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa66399
Brown, L. (2023). Doctors’ Commons: the Civilians’ Influence on Equity and Trusts. Trusts & Trustees, 29(9), 769-777.
https://doi.org/10.1093/tandt/ttad065, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa64352
Brown, L. (2023). CC14 guidance update: greener investments, greater uncertainty?. Trusts & Trustees, 29(10)
https://doi.org/10.1093/tandt/ttad085, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa65000
http://dx.doi.org/10.1093/tandt/ttad085
Brown, L. (2023). Charitable trusts and cryptoassets: opportunity, or the asset of discord?. Trusts & Trustees, 29(7), 633-642.
https://doi.org/10.1093/tandt/ttad033, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa63464
http://dx.doi.org/10.1093/tandt/ttad033
Brown, L. & Brown, L. (2023). Cryptocurrencies and trustees: what are the risks?. Trusts & Trustees, 29(3), 186-196.
https://doi.org/10.1093/tandt/ttac129, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa62351
http://dx.doi.org/10.1093/tandt/ttac129
Brown, L. (2023). Trusts and credit risk: the Quistclose trust and lenders’ risks in loan finance. Trusts & Trustees, 29(5), 1-8.
https://doi.org/10.1093/tandt/ttad017, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa63108
Brown, L. & Ghag, J. (2023). Contaminated land, green energy and the energy crisis: Should contaminated land sites be targeted and used to produce renewable energy in the United Kingdom?. Environmental Law Review, 25(1), 3-10.
https://doi.org/10.1177/14614529231162320, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa62719
http://dx.doi.org/10.1177/14614529231162320
Brown, L. (2022). The climate-related financial disclosure regulations 2022: A step in the right direction for ESG in the private sector. Environmental Law Review, 24(3), 214-223.
https://doi.org/10.1177/14614529221111854, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa60993
Brown, L. (2022). Registering express trusts: a necessary clarification or step too far?. Trusts and Trustees, 28(7), 664-672.
https://doi.org/10.1093/tandt/ttac052, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa59970
Brown, L. (2021). The Pension Schemes Act 2021: new duties for trustees and managers of pension fund trusts. Trusts & Trustees, 27(9)
https://doi.org/10.1093/tandt/ttab081, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57972
Brown, L. (2021). Quasi-trustees, unauthorised purposes and ethical investment: What is the significance of the R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government [2020] UKSC 16 case for the trustees’ fiduciary duty of investment and “ethical” investment opportunities?. Trusts & Trustees, 27(1-2), 48-53.
https://doi.org/10.1093/tandt/ttaa112, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57971
Brown, L. (2020). Cowan v Scargill and the fiduciary duty of investment: has the nature of the investment duty changed and what is currently driving “socially responsible investing” in pension schemes?. Trusts & Trustees, 26(8-9), 756-766.
https://doi.org/10.1093/tandt/ttaa083, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57970
Brown, L. (2019). Towards “Green” Trusteeship: new statutory amendments for occupational pension trustees. Trusts & Trustees, 25(10), 978-985.
https://doi.org/10.1093/tandt/ttz095, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57969
Brown, L. (2019). What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes. Environmental Law Review, 21(3), 173-188.
https://doi.org/10.1177/1461452919862972, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57968
Brown, L. (2019). ‘He that toucheth pitch shall be defiled therewith’:1 Challenges for Contaminated Land Remediation after Brexit. Environmental Law Review, 21(1), 3-5.
https://doi.org/10.1177/1461452919833852, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa61230
Brown, L. (2018). Bad debt and green issues: Managing environmental risks in borrowers’ corporate insolvencies. Environmental Law Review, 20(3), 137-150.
https://doi.org/10.1177/1461452918789873, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57967
Brown, L. (2016). The contaminated land regime and austerity. International Journal of Law in the Built Environment, 8(3), 210-225.
https://doi.org/10.1108/ijlbe-11-2015-0019, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57966
Brown, L. (2015). Land pollution, environmental risks and bank lending. Environmental Law Review, 17(4), 237-251.
https://doi.org/10.1177/1461452915605773, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57963
Brown, L. (n.d.) Artificial Intelligence & Trusts and Trustees: A new dawn of investment opportunities and risks?. Trusts & Trustees
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa68155
Brown, L. (n.d.) Statutory trusts, planning law and open spaces: R (on the application of Day) v Shropshire Council. Trusts & Trustees, 30(2)
https://doi.org/10.1093/tandt/ttae090, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa68138

Conference Contributions

Brown, L. (2023). Peatlands and the Voluntary Carbon Markets. In Local Peatland Event This event was arranged by my colleague, Dr Victoria Jenkins. The event was held in the Digital Technium Building Room 221, Singleton Park campus, and the proceedings were as follows:
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa64023

Other Research Outputs

Brown, L. (n.d.) An Introduction to the Contaminated Land Regime
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa66398

Taught Modules

LAA201 Equity & Trusts 1

Equity is a word with many meanings. For lawyers, it refers to the branch of law that historically developed and operated alongside the common law before the two systems merged in the Victorian era by virtue of the Judicature Act of 1873. Equity is old and yet younger than the common law; its emergence was necessary to `remedy the rigours¿ of the legal system that was established by the Norman conquerors and famously refined by Henry II. On this course we are going to investigate the jurisdiction of Equity through its greatest progeny, the Trust. Succinctly put, a trust is a means of managing property, whereby title to the property is split. At its simplest, one person receives legal title (this person is known as ¿the trustee¿), and another person receives equitable title (this person is known as ¿the beneficiary¿). We will explore this fascinating legal concept in this module by looking at the creation and formalities that apply to express private trusts, together with evaluating the operation of charitable and non-charitable purpose trusts.
LAA204 Equity & Trusts1

Equity is a word with many meanings. For lawyers, it refers to the branch of law that historically developed and operated alongside the common law before the two systems merged in the Victorian era by virtue of the Judicature Act of 1873. Equity is old and yet younger than the common law; its emergence was necessary to `remedy the rigours¿ of the legal system that was established by the Norman conquerors and famously refined by Henry II. On this course we are going to investigate the jurisdiction of Equity through its greatest progeny, the Trust. Succinctly put, a trust is a means of managing property, whereby title to the property is split. At its simplest, one person receives legal title (this person is known as ¿the trustee¿), and another person receives equitable title (this person is known as ¿the beneficiary¿). We will explore this fascinating legal concept in this module by looking at the creation and formalities that apply to express private trusts, together with evaluating the operation of charitable and non-charitable purpose trusts.
LAA206 Equity & Trusts 2

This module examines the key principles and doctrines of equity and focuses in particular on the trust which is equity¿s most important creation. Every well-developed legal system seeks to enable property or funds to be held by one party either for the benefit of another or to be applied towards the attainment or promotion of various purposes and to enforce certain obligations against the party holding such property. The trust is the vehicle through which this is done under English law. The primary aim of this module is to provide a sound basis for understanding the nature and types of trusts, the diverse contexts in which trusts arise, the principles governing their creation and enforcement, the beneficial interests operating behind the trust, the obligations imposed on trustees and the remedies available for breaches of trust. In Equity and Trusts 2, we will focus in particular on the application of the trust concept to modern life including charitable trusts, resulting trusts, and constructive trusts; and, the obligations on trustees and remedies available for breaches of trust including the liability of third parties.
LAA238 Equity and Trusts

This 30-credit module provides an exciting opportunity for second year law students to study the law surrounding Equity and Trusts. The module introduces and examines the key principles and doctrines surrounding Equity and Trusts. Providing a non-compartmentalised and, where possible, decolonised interpretation of Equity and Trusts is what this module seeks to achieve. The programme consists of the following eight units, taught over two semesters: ¿ Unit 1: The Three Certainties ¿ Unit 2: Formalities & Constitution of Trusts ¿ Unit 3: Private Purpose Trusts ¿ Unit 4: Charitable Purpose Trusts ¿ Unit 5: Resulting Trusts ¿ Unit 6: Constructive Trusts ¿ Unit 7: Administration & Breach of Trust ¿ Unit 8: Fiduciary Duties & Third-Party Liability
LANM08 Law of Property

This module examines the fundamental principles of English and Welsh property law, including Equity and Trusts Law, and Land Law. In relation to Equity and Trusts Law, the module examines key principles and doctrines of equity and focuses, in particular, on the trust which is equity's most important creation. Every well-developed legal system seeks to enable property or funds to be held by one party, either for the benefit of another, or be applied towards the attainment or promotion of various purposes and to enforce certain obligations against the party holding such property. The trust is the vehicle through which this is done under English law. In relation to Land Law, the module provides an introduction to the nature of land ownership in English law and the conceptual framework of the creation and transfer of estates and interests in land. Particular attention is paid to estates and interests in land, registration of title, and co-ownership.
LAQ304 Equity and Trusts 1

Equity is a word with many meanings. For lawyers, it refers to the branch of law that historically developed and operated alongside the common law before the two systems merged in the Victorian era by virtue of the Judicature Act of 1873. Equity is old and yet younger than the common law; its emergence was necessary to `remedy the rigours¿ of the legal system that was established by the Norman conquerors and famously refined by Henry II. On this course we are going to investigate the jurisdiction of Equity through its greatest progeny, the Trust. Succinctly put, a trust is a means of managing property, whereby title to the property is split. At its simplest, one person receives legal title (this person is known as ¿the trustee¿), and another person receives equitable title (this person is known as ¿the beneficiary¿). We will explore this fascinating legal concept in this module by looking at the creation and formalities that apply to express private trusts, together with evaluating the operation of charitable and non-charitable purpose trusts.
LAQ309 Equity and Trusts 2

Equity is a word with many meanings. For lawyers, it refers to the branch of law that historically developed and operated alongside the common law before the two systems merged in the Victorian era by virtue of the Judicature Act of 1873. Equity is old and yet younger than the common law; its emergence was necessary to `remedy the rigours¿ of the legal system that was established by the Norman conquerors and famously refined by Henry II. On this course we are going to investigate the jurisdiction of Equity through its greatest progeny, the Trust. Succinctly put, a trust is a means of managing property, whereby title to the property is split. At its simplest, one person receives legal title (this person is known as ¿the trustee¿), and another person receives equitable title (this person is known as ¿the beneficiary¿). In Equity & Trusts 2 we continue to learn about the trust concept by analysing the jurisprudence surrounding resulting and constructive trusts, also known as implied trusts. In the final two ¿units¿ of this course we explore the nature of ¿trusteeship¿ by assessing the non-fiduciary and fiduciary duties that trustees owe to their beneficiary or principal, respectively.
LAQ338 Equity & Trusts

This 20-credit module provides an exciting opportunity for second year law students to study the law surrounding Equity and Trusts. The module introduces and examines the key principles and doctrines surrounding Equity and Trusts. Providing a non-compartmentalised and, where possible, decolonised interpretation of Equity and Trusts is what this module seeks to achieve. The programme consists of the following eight units, taught over two semesters: Unit 1: The Three Certainties Unit 2: Formalities & Constitution of Trusts Unit 3: Charitable Purpose Trusts Unit 4: Resulting Trusts Unit 5: Constructive Trusts Unit 6: Administration & Breach of Trust

Dr Lloyd Brown

Telephone number

Email address

Welsh language proficiency

LinkedIn Account

About

Areas Of Expertise

Career Highlights

Publications

Research Highlights

All Research

Journal Articles

Conference Contributions

Other Research Outputs

Taught Modules

LAA201 Equity & Trusts 1

LAA204 Equity & Trusts1

LAA206 Equity & Trusts 2

LAA238 Equity and Trusts

LANM08 Law of Property

LAQ304 Equity and Trusts 1

LAQ309 Equity and Trusts 2

LAQ338 Equity & Trusts