Detrimental reliance: An unwelcome development

Pump Court Chambers (Chambers of Oba Nsugbe QC) | 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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Trusts: Doing away with the need for detrimental reliance

36 Group | June 2022 #234
Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …

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