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Common intention constructive trusts

This category contains 4 posts

High cost of failed argument

The common intention constructive trust is a rare beast.  When trying to make such an argument it is essential to have the facts right as demonstrated in the decision in Ridge v Parore (Common Intention Constructive Trust, or not).  The cost of getting the argument wrong in an argument that the court described as “doomed … Continue reading

Common intention constructive trust deconstructed

The common intention constructive trust is a rare beast.  Its remedial potential had a brief moment of sun until the Court of Appeal delivered its decision in Harvey v Beveridge. The facts of Harvey v Beveridge can be summarised as follows: Mr Beveridge was befriended by Dr Byrd who provided him with a home in a … Continue reading

Common intention constructive trust, or not …

The common intention constructive trust is the hot and hip new remedy in the arsenal of the savvy trust lawyer.  So perhaps it is not surprising that when A lister Sally Ridge fell out with her equally sociable partner that such a claim might be made.  The genesis of the claim derived from some restructuring … Continue reading

Trust derived from expectation

The lesser known “common intention constructive trust” is a difficult construct to appreicate.  However, this form of trust although formally “institutional” rather than “remedial” can provide a solution where no other legal construct can. Part one of the lesson – the constructive trust Constructive trusts often had their genesis in relationship breakdowns where a legislative … Continue reading