A mother had provided a sum to her daughter and son in aw when she moved in with them. The money was used to build an extension. She now appealed against a finding that she did not have an equitable interest in the house.
Held: lord Denning MR adopted a free-ranging remedial basis for constructive trusts and came to the view that: ‘The two [resulting trust and constructive trust] runs together. By whatever name it is described, it is trust imposed by law whenever justice and good conscience require it. It is a liberal process, founded upon large principles of equity, to be applied in cases where the defendant cannot conscientiously keep the property for himself alone, but ought to allow another to have the property or a share in it.’
Judges:
Lord Denning MR, Phillimore, Cairns LJJ
Citations:
[1972] 1 WLR 1286, [1972] 3 All ER 744, [1972] EWCA Civ 1
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.
Equity, Trusts
Updated: 07 December 2022; Ref: scu.262751
