Trusts - Cases

White v White

• List of factors under s.15 not exhaustive - judges apply at discretion

Re Ever’s Trusr

• court may refuse sale if minors live on property

Manchester CC v Pinnock

• Human rights considerations (art.8 - right to home)

Gissing v Gissing

• Legal owner holds property as trustee, beneficiary holds beneficial interest in equity - court can infer objective common intention through oral agreements

Pettitt v Pettitt

• presumption that husband’s contribution is gift is outdated, BUT no trust based on contribution through decorating

Lloyds Bank plc v Rossett

• 2 types of CICT: express agreement + detrimental reliance, OR from implied agreement based on conduct

Matchmove v Dowding

• CT arises where: (1) express agreement, (2) reliance on agreement, (3) to detriment, (4) make denying ownership unconscionable

Abbott v Abbott

• Law moved on from need for direct contribution to purchase price

Stack v Dowden

• Initial presumption can be rebutted by (1) beneficial interest, (2) quantity

Laskar v Laskar

• Resulting trust not CITC bc commercial (investment) purposes, not domestic + clear lack of common intention

Jones v Kernott

• presumption that with cohabiting couples, equity follows law not resulting trust

Marr v Collie

• controversial case - CITC doesn’t just apply in domestic context, commercial too

Grant v Edwards

• Where no written agreement, C must show common intention to share ownership + conduct