8th Jan 2021 | Articles

Aidan Casey QC and Tom Poole discuss recent case law relating to beneficial ownership in the January/February 2021 edition of Trusts and Estates Law & Tax Journal.


Context is everything when defining the common intention constructive trust. Aidan Casey QC and Tom Poole discuss recent case law.

It has been recognised since the decisions of the House of Lords in Pettitt v Pettitt [1970] and Gissing v Gissing [1971] that common intention constructive trusts are trusts arising by operation of law to give effect to the parties’ otherwise unenforceable common intentions, when it would be unconscionable to allow one of them to resile from such intentions – typically when they have been relied upon by the other party such as to produce that result.

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