Continue reading "Common intention constructive trusts: An agreement unravels"
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Common intention constructive trusts: An agreement unravels
Professor Sukhninder Panesar considers a case where the court was required to consider whether a common intention construction trust arose on a transfer of property that was made under mistake Having established that the defendant did not have an interest under a common intention constructive trust, the question was what relief the court would grant …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Barnes v Phillips [2015] EWCA Civ 1056
- Fattal v Fattal [2022] EWHC 950 Ch
- Gissing v Gissing [1971] AC 886
- Graham-York v York [2015] EWCA 72
- Jones v Kernott [2011] UKSC 53
- Lloyds Bank v Rosset [1991] 1 AC 107
- Pettitt v Pettitt [1970] AC 777
- Pitt v Holt [2013] 2 AC 108
- Stack v Dowden [2007] 2 AC 432
- Van der Merwe v Goldman [2016] EWHC 790 (Ch)