Detrimental reliance: An unwelcome development

Pump Court Chambers (Chambers of Oba Nsugbe QC) | Property Law Journal | December 2022/January 2023 #403
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. …

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Common intention constructive trusts: An agreement unravels

University of Wolverhampton | Property Law Journal | September 2022 #400
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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