Buckley LJ (with whom the other members of the Court agreed) said that: ‘Where there is an express declaration of trust, the doctrine of constructive trusts cannot be referred to contradict the expressly declared trust. The doctrine of constructive trusts is one which applies in circumstances in which there is no declared trust.’
(1977) 36 P and CR 98
England and Wales
Cited – Goodman v Gallant CA 30-Oct-1985
The court reviewed the conflicting authorities with regard to the creation of trusts and held that the overwhelming preponderance of authority was that, in the absence of any claim for rectification or rescission, provisions in a conveyance . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 November 2021; Ref: scu.181827