Constructive trusts – Law Journals

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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Constructive trusts and estoppel: Is my word my bond?

When can informal agreements give rise to a constructive trust or estoppel? Sarah Bolt looks back at the decision in Culliford It does appear that the courts are taking a more liberal approach to the cases that come before them, particularly within modern cases where there are more and more people cohabiting and making informal …

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Fiduciary obligations and constructive trusts: Attribution of illegality

Joseph de Lacey and Natasha Molson analyse the Supreme Court’s decision in Crown Prosecution Service v Aquila Advisory Ltd The court confirmed the approach as set out in Jetivia, namely that in proceedings by a company against its directors for breach of fiduciary duty, the fraud of the directors could not be attributed to the …

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