Abbott v Abbott

Abbott v Abbott
Court Judicial Committee of the Privy Council
Citation(s) [2007] UKPC 53, [2008] 1 FLR 1451
Case history
Prior action(s) Court of Appeal of Antigua and Barbuda
Keywords
trust, family home

Abbott v Abbott [2007] UKPC 53 was advice from the Privy Council on a case from the Court of Appeal of Antigua and Barbuda, that is relevant for English land law and concerns the nature of constructive trusts.

Facts

Mr and Mrs Abbott were in Antigua and Barbuda and were married. There the shares would still be determined by property law. Mr Abbott was the registered owner. Mr Abbott did not dispute that Mrs Abbott had a share, but disputed the amount.

Judgment

Baroness Hale, delivering the opinion of the Board, said the following.

“ 19. The Court of Appeal appears to have attached undue significance to the dictum of Lord Bridge in Lloyds Bank plc v Rosset, in particular as to what conduct is to be taken into account in quantifying an acknowledged beneficial interest. The law has indeed moved on since then. The parties' whole course of conduct in relation to the property must be taken into account in determining their shared intentions as to its ownership. ”

See also

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