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Keeping up with the Jones case: establishing constructive trusts in ‘sole legal owner’ scenarios

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Peer-reviewed

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Article

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Abstract

jats:pThis paper considers the influence of the Supreme Court decision in jats:italicJones v Kernott</jats:italic> on subsequent cases. It focuses on situations with which jats:italicJones</jats:italic> 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 jats:italicJones</jats:italic> is relevant to such sole-owner cases, they have had few opportunities (and taken fewer) to move beyond the restrictive approach of jats:italicLloyds Bank plc v Rosset</jats:italic> and allow novel outcomes in the light of jats:italicJones</jats:italic> 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.</jats:p>

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Keywords

4801 Commercial Law, 48 Law and Legal Studies

Journal Title

Legal Studies

Conference Name

Journal ISSN

0261-3875
1748-121X

Volume Title

35

Publisher

Cambridge University Press (CUP)