Abbott v Abbott
| Abbott v Abbott | |
|---|---|
 | |
| Court | Judicial Committee of the Privy Council |
| Citations | [2007] UKPC 53, [2008] 1 FLR 1451 |
| Case history | |
| Prior action | 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.[1] 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.
See also
- v
- t
- e
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
Notes
- ^ "Abbott v Abbott - Case Summary". IPSA LOQUITUR. Retrieved 2 April 2023.
