07. Constructive trusts and informal trusts of land web links

07. Constructive trusts and informal trusts of land web links

Purpose trusts

Stack v Dowden (HL)


Jones v Kernott (UK Supreme Court)


Yeoman’s Row Management v Cobbe (HL)


Thorner v Majors (HL)


Oliver Radley-Gardner, "Section 15 of TLATA, or, The Importance of Being Earners" [2003] 5 Web JCLI


Headnote: "This note considers the developments in the case law under section 15 of the Trusts of Land and Appointment of Trustees Act 1996 since the case of The Mortgage Corporation v Shaire. Its central contention is that the law has not improved, despite early assertions to the contrary in the literature and cases. It draws attention to the fact that this is due to the underlying law of insolvency, into which most cases arising under section 15 can also be fitted. It questions whether it was appropriate to deal with secured creditor disputes in the same way as disputes co-owners are treated, rather than acknowledging that there are inherent differences between those disputes, as the old law under section 30 acknowledged."

Grobbelaar v News Group Newspapers Ltd [2002] UKHL 40


J Jones and W Palmer 'Trusts Of Land And Appointment Of Trustees Act 1996' [1997] 1 Web JCLI


P Todd 'Trusts of land and third parties' [1996] 4 Web JCLI


N Glover and P Todd 'Occupation for Life: Satisfying the Equity' (1995) 5 Web JCLI


P Milne 'Proprietary estoppel, purchasers and mortgagees: an alternative approach' (1997) 5 Web JCLI


Law Commission 'Sharing Homes: A Discussion Paper' ('Report' No. 278)


Smith v Bottomley [2013] EWCA Civ 953


Court of Appeal on detrimental reliance as basis for constructive trust of home

FHR European Ventures LLP v. Cedar Capital Partners LLC


Supreme Court on liability for unauthorised fiduciary gains

Crossco No 4 Unlimited v. Jolan Ltd


Court of Appeal on ‘Pallant v. Morgan’ equity in cases of commercial joint venture

Curran v. Collins


Court of Appeal on constructive trusts

Graham-York v. York


Court of Appeal on constructive trusts

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