The article examines the continuing role of the resulting trust in the context of investment and family property. In particular, it considers the significance of the parties' common intention when determing whether to apply the presumtption of a resulting trust or, alternatively, the presumption of joint beneficial ownership under a constructive, where there is a commercial context to the pruchase of property or where the parties are not in a close relationship
It is generally assumed that financial apportionment between cohabiting parties, when the relationsh...
Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species...
The current law of resulting and constructive trusts and proprietary estoppel is acknowledged to pro...
This article seeks to identify those areas where the resulting trust may still have an important rol...
It will be an all too obvious truth to readers of this journal that the law on implied trusts as it ...
The article discusses whether a joint owner of a family home who seeks to rebut the presumption of e...
Law of trusts, developed from the equity principle of England and other common law countries, has be...
This article discusses the Court of Appeal judgment in Pankhania v Chandegra on whether an express d...
The article considers whether the role of equity in imposing a trust on the seller of land after the...
The presumption of equality in joint ownership cases is based on the premise that the parties make a...
The article examines how a beneficial joint tenancy can be severed after the parties purchase their ...
Trusts emerge regularly in relationship property disputes and they are generally well understood to ...
The article highlights some far reaching implications arising out of the case law on beneficial owne...
This article discusses the recent case of NRC Holding Ltd v Danilitskiy [2017] EWHC 1431 (Ch) on whe...
This article seeks to address the question whether it is possible to impute to the parties a common ...
It is generally assumed that financial apportionment between cohabiting parties, when the relationsh...
Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species...
The current law of resulting and constructive trusts and proprietary estoppel is acknowledged to pro...
This article seeks to identify those areas where the resulting trust may still have an important rol...
It will be an all too obvious truth to readers of this journal that the law on implied trusts as it ...
The article discusses whether a joint owner of a family home who seeks to rebut the presumption of e...
Law of trusts, developed from the equity principle of England and other common law countries, has be...
This article discusses the Court of Appeal judgment in Pankhania v Chandegra on whether an express d...
The article considers whether the role of equity in imposing a trust on the seller of land after the...
The presumption of equality in joint ownership cases is based on the premise that the parties make a...
The article examines how a beneficial joint tenancy can be severed after the parties purchase their ...
Trusts emerge regularly in relationship property disputes and they are generally well understood to ...
The article highlights some far reaching implications arising out of the case law on beneficial owne...
This article discusses the recent case of NRC Holding Ltd v Danilitskiy [2017] EWHC 1431 (Ch) on whe...
This article seeks to address the question whether it is possible to impute to the parties a common ...
It is generally assumed that financial apportionment between cohabiting parties, when the relationsh...
Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species...
The current law of resulting and constructive trusts and proprietary estoppel is acknowledged to pro...