Express/Constructive trusts: Oh dearie me!

Maybe I’ve been doing this job too long but there are some things which just seem so obvious to me.  I know that the common intention constructive trust is really interesting – empirically as well as in law – but you can’t just jump straight in. 

Pankhania v Chandegra [2012] EWCA Civ 1438 is, I’m afraid, a pretty obvious case which should never have been resisted; that it got to the Court of Appeal is an object lesson to advocates and judges not to jump straight in with your fancy arguments about constructive trusts.  Why?  Because, although the judge proceeded to consider the case largely around the law on constructive … Read the full post