Chapter 9 Further reading

Books

Watt, G., Trusts and Equity 9th Edition. OUP.

See Chapter 5 for a good discussion of resulting trusts and Quistclose Trusts, and Chapter 8 for a more detailed discussion of constructive trusts.

 

Penner, JE., The Law of Trusts 9th Edition. Core Text Series: OUP.

See Chapters 4 & 5 for a thorough and critical view of implied trusts and the theories behind resulting trusts.

 

Hudson, A, Principles of Equity & Trusts 2nd Edition. Routledge.

See Chapter 11 and 12 for a detailed analysis of the complexity of this area of law, and Chapter 15 for a focus on the trusts of home and how to allocate rights.

Journal articles

Dixon, ‘the Never Ending Story – co-ownership after Stack v Dowden’ [2007] Conv 456

A thoughtful discussion of post Stack v Dowden co-ownership.

Simon Gardner, ‘Family Property Today’ (2008) 124 LQR 422

Discusses that it is illogical to require a party to act on intention following Stack v Dowden and Abbott v Abbott

Simon Gardner, ‘The remedial discretional in proprietary estoppel – again’ (2006) 122 LQR 492

Discusses that the wide discretion of remedies in estoppel should be limited.

Swadling W ‘Explaining resulting trusts’ (2008) 124 LQR 72 for a response to arguments on the relevant presumptions of intention.

Liew Y K ‘Rationalising Constructive Trusts (Hart Studies in Private Law) (Oxford: Hart Publishing 2017)

Reports

National Audit Office: New Estimates on Cohabiting Couples (1999) ONS 95 Population Trends

Cohabitation: The Financial Consequences of Relationship Breakdown, The Law Commission (Law Com No 307).

Back to top