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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