Tag Archive for 'stack v dowden'

A broken engagement

By Francis Davey on 07/09/2010. 1 Comment

Dibble v Pfluger [2010] EWCA Civ 1005 concerns an appeal in a joint property case, largely decided on its facts. It has one interesting point of note for anyone who practices in this field: the couples were engaged to be married for much of the period of their relationship.

The claim was for an order for sale of a house (“Alinora”) in which the couple were living. As Lord Justice Ward put it “It cannot be easy for them.” That sale should have caused no difficulty as Alinora was held on an express trust with beneficial interests in common in equal shares. The defendant did not resist the sale in … Read the full post

Posted in Leasehold and shared ownership and Uncategorized. Tags: , , .

Imputed fairness?

By NL on 28/07/2009. 4 Comments

Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question of fairness and whether and how far a change in common intention can be inferred or imputed.

Ms Jones and Mr Kernott had bought the property involved in joint names in 1984. Both lived there until 1993 when their relationship ended. They were not married. Mr K moved out and in 1996 bought another property in his sole name. Ms J remained in the first property.

Mr K ceased to pay mortgage and other outgoings … Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , , , .

Stack v Dowden revisited

By NL on 23/04/2008. 17 Comments

The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23 April 2008).

At 21:

To recapitulate, the important points decided by the House for the purpose of this appeal were as follows. The legal technique that the court will use to ascertain whether both joint owners who had been co-habitees had a beneficial interest is that of the common intention constructive test, rather than that of resulting trust. This will enable the

… Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , , , .
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