Soton Equity and Trusts - alastairhudson.com

inging up the children is no doubt as important as hers, but of necessity he cannot
devote so much time to it. He is physically the stronger and she the weaker. He is
temperamentally the more aggressive and she the more submissive. It is he who
takes the initiative and she who responds. …’
f) Modern love
Arctic Monkeys, You look good on the dancefloor (2005):-
‘There ain’t no love / No Montagues or Capulets / Just banging tunes in DJ’s sets /
And dirty dancefloors / And dreams of naughtiness.’
Q: is it always easy to verbalise your common intention … or, indeed, anything?
Philip Larkin, “Talking in bed” ((1960): The Whitsun Weddings, 1964):-
Talking in bed ought to be easiest,
Lying together there goes back so far,
An emblem of two people being honest.
Yet more and more time passes silently.
Outside, the wind's incomplete unrest
Builds and disperses clouds in the sky,
And dark towns heap up on the horizon.
None of this cares for us. Nothing shows why
At this unique distance from isolation
It becomes still more difficult to find
Words at once true and kind,
Or not untrue and not unkind.
Philip Larkin, “Nothing to be said” ((1961): The Whitsun Weddings,1964):-
… Life is slow dying …
Hours giving evidence
Or birth, advance
On death equally slowly.
And saying so to some
Means nothing; others it leaves
Nothing to be said.
Summary
The leading case
Jones v Kernott
(Stack v Dowden)
(Oxley v Hiscock)
Rigid common intention constructive trust
Gissing v Gissing
Lloyds Bank v Rosset
Resulting trusts – ‘balance sheet cases’
Springette v Dafoe
Huntingford v Hobbs
Stack v Dowden: Lord Neuberger
Family assets approach
Hammond v Mitchell
Midland Bank v Cooke
Unconscionability cases
(Grant v Edwards)
Jennings v Rice
Cox v Jones
(Oates v Stimson)
Proprietary estoppel
Re Basham
Baker v Baker
Gillett v Holt
Lissimore v Downing
Thorner v Major
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