... not be created by the courts arbitrarily. He did understand the difficulties this presented, but again he seems to suggest he was bound by Re Ogden and unable to detract from the complete list test laid down in it. To understand why Jenkins L.J. and Lord Hodson felt confined we must look at the principle they saw as binding them. Morice-v-Bishop of Durham laid the foundation of the justification for the trust power being the "certain list" test. The first part of the test proved to be of no problem in both cases in that the courts could "control" the trust if their was at least one person who could bring an action before the courts. This was because the "beneficiary principle" in Morice-v-Bishop of Durham that trusts must be directed towards people, save certain exceptions, was not at issue. The second part of the test was more problematic because ...

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