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Stack and Dowden and the general rule of common intention constructive trusts (CICTs)

The house of Lords disapproved of the ‘fairness’ principle from Oxley v Hiscock and held that the general rule should be that ‘equity should follow the law’ so in most cases where the legal title is jointly owned the beneficial interests should be split equally unless there were exceptional circumstances. What were the exceptional circumstances… Continue reading Stack and Dowden and the general rule of common intention constructive trusts (CICTs)