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.

”

Resulting trusts cases
Law of Property Act 1925 ss 53(1)(c) and 60(3)
Fowkes v Pascoe (1875) LR 10 Ch App 343
Tinsley v Milligan [1993] UKHL 3
Tribe v Tribe [1995] EWCA Civ 20
Vandervell v Inland Revenue Commissioners [1966] UKHL 3
Re Vandervell’s Trustees Ltd (No 2) [1974] EWCA Civ 7
Westdeutsche Landesbank Girozentrale v Islington LBC [1996] UKHL 12
Air Jamaica Ltd v Charlton [1999] UKHL 20
Barclays Bank Ltd v Quistclose Invest Ltd [1968] UKHL 4
Twinsectra Ltd v Yardley [2002] UKHL 12
see Resulting trusts in English law

Constructive trusts cases
Beatty v Guggenheim Exploration Co (1919) 225 NY 380
Hussey v Palmer [1972] EWCA Civ 1
Lake v Bayliss [1974] 1 WLR 1073
Banner Homes plc v Luff Dev Ltd [2000] EWCA Civ 3016
Pennington v Waine [2002] EWCA Civ 227
Bannister v Bannister [1948] 2 All ER 133
Binions v Evans [1972] EWCA Civ 6
T Choithram International SA v Pagarani [2000] UKPC 46
Blackwell v Blackwell [1929] UKHL 1
Fry v Densham-Smith [2010] EWCA Civ 1410
Lloyds Bank plc v Rosset [1991] UKHL 14
Stack v Dowden [2007] UKHL 17
Jones v Kernott [2011] UKSC 53
Reading v Attorney-General [1951] UKHL 1
Boardman v Phipps [1966] UKHL 2
Attorney General for Hong Kong v Reid [1994] UKPC 36
Sinclair Ltd v Versailles Ltd [2011] EWCA Civ 347
FHR LLP v Cedar Capital LLC [2014] UKSC 45
Chase Manhattan Bank v Israel-British Bank Ltd [1981] Ch 105
Westdeutsche Landesbank v Islington LBC [1996] UKHL 12
see Constructive trusts in English law

Notes

References

External links

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