To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquire beneficial ownership in the family home under a constructive trust relying purely on domestic contributions as homemaker? The writers examine this question against the background of single and joint ownership cases and suggest that, in the light of recent judicial pronouncements, the criteria for establishing a common intention constructive trust enunciated by Lord Bridge in Lloyds Bank plc v Rosset may have been eroded so as to allow for a much broader inquiry of the claimant's contributions to support a constructive trust. In particular, it is submitted that this may allow the English courts to consider the same factors for both establish...
Reviews the approach adopted in Stack v Dowden to determination of beneficial interests in a propert...
It will be an all too obvious truth to readers of this journal that the law on implied trusts as it ...
In two recent cases heard together by the Court of Final Appeal, the court held that a trust arising...
To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquir...
The aim of this article is to review and critically analyse the English law relating to common inten...
The article reviews and critically analyses the English law relating to common intention constructiv...
This article seeks to identify those areas where the resulting trust may still have an important rol...
The article examines the recent High Court decision in Amin v Amin [2020] EWHC 2675 (Ch) which appea...
The presumption of equality in joint ownership cases is based on the premise that the parties make a...
Discusses, with case law illustration, the determination of the equitable ownership of the family ho...
Discusses the House of Lords ruling in Stack v Dowden on the size of each legal owner's share of the...
This dissertation will focus on common intention constructive trusts in relation to shared ownership...
The article discusses whether a joint owner of a family home who seeks to rebut the presumption of e...
This article discusses the Court of Appeal judgment in Pankhania v Chandegra on whether an express d...
So long as a constructive trust will be imposed whenever it is necessary to prevent unjust enrichmen...
Reviews the approach adopted in Stack v Dowden to determination of beneficial interests in a propert...
It will be an all too obvious truth to readers of this journal that the law on implied trusts as it ...
In two recent cases heard together by the Court of Final Appeal, the court held that a trust arising...
To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquir...
The aim of this article is to review and critically analyse the English law relating to common inten...
The article reviews and critically analyses the English law relating to common intention constructiv...
This article seeks to identify those areas where the resulting trust may still have an important rol...
The article examines the recent High Court decision in Amin v Amin [2020] EWHC 2675 (Ch) which appea...
The presumption of equality in joint ownership cases is based on the premise that the parties make a...
Discusses, with case law illustration, the determination of the equitable ownership of the family ho...
Discusses the House of Lords ruling in Stack v Dowden on the size of each legal owner's share of the...
This dissertation will focus on common intention constructive trusts in relation to shared ownership...
The article discusses whether a joint owner of a family home who seeks to rebut the presumption of e...
This article discusses the Court of Appeal judgment in Pankhania v Chandegra on whether an express d...
So long as a constructive trust will be imposed whenever it is necessary to prevent unjust enrichmen...
Reviews the approach adopted in Stack v Dowden to determination of beneficial interests in a propert...
It will be an all too obvious truth to readers of this journal that the law on implied trusts as it ...
In two recent cases heard together by the Court of Final Appeal, the court held that a trust arising...