Keeping up with the Jones case: establishing constructive trusts in ‘sole legal owner’ scenarios
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Sloan, B. (2014). Keeping up with the Jones case: establishing constructive trusts in ‘sole legal owner’ scenarios. Legal Studies, 35 226-251. https://doi.org/10.1111/lest.12052
This paper considers the influence of the Supreme Court decision in Jones v Kernott on subsequent cases. It focuses on situations with which Jones was not directly concerned, namely where there is only one legal owner of a home and a non-legal-owning cohabitant seeks to establish that he has an equitable interest in it under a common intention constructive trust. The paper argues that while judges have mostly accepted that Jones is relevant to such sole-owner cases, they have had few opportunities (and taken fewer) to move beyond the restrictive approach of Lloyds Bank plc v Rosset and allow novel outcomes in the light of Jones as yet. It is contended that this state of affairs could ultimately produce a conservative approach that is undesirable for cohabitants who make indirect or non-financial contributions to shared lives, and remain without comprehensive statutory property and financial provision on relationship breakdown.
External DOI: https://doi.org/10.1111/lest.12052
This record's URL: https://www.repository.cam.ac.uk/handle/1810/255117