Barnes v Phillips [2015] EWCA Civ 1056

Joint ownership: Common intention and detriment

Mark Pawlowski provides an update on whether detriment is a necessary requirement in joint ownership cases involving the family home The deal was sufficient to establish the common intention and the common intention was sufficient to establish the constructive trust. There has been considerable debate as to whether a claimant seeking to establish an enlarged …

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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 …

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Co-Ownership: Inference, imputation and child maintenance

Barnes v Phillips explores the circumstances in which the beneficial shares of unmarried co-owners should be varied, as Mark Simeon Jones explains ‘This evolution of the modern law has been marked by two significant milestones; first, the judgment of the House of Lords in Stack v Dowden, and second, the judgment of the Supreme Court …

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Co-Ownership: Share with care

Sukhninder Panesar discusses Barnes v Phillips [2015], which has lessons on the role of inference and imputation in shared ownership disputes ‘An inference is an important exercise in establishing whether the parties’ original beneficial ownership has changed, and imputation is integral to establishing the exact shares once a finding of change in intention is established.’ …

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