Continue reading "Detrimental reliance: An unwelcome development"
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Detrimental reliance: An unwelcome development
Oliver Foy explains why the reasoning in Hudson v Hathway is both wrong and undesirable in the context of common intention constructive trusts Common intention on its own does not justify a trust. Something more is needed to obviate s53(1)(b) of the Law of Property Act 1925 and bestow the beneficiary with a beneficial interest. …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Hudson v Hathway [2022] EWHC 631 (QB)
- Jones v Kernott [2011] UKSC 53
- Lloyds Bank v Rosset [1991] 1 AC 107
- Oxley v Hiscock [2004] EWCA Civ 546
- Stack v Dowden [2007] 2 AC 432