CPLC Work in Progress Seminar: 'To presume or not to presume? The case of the common intention constructive trust'

Speaker: Ms Joanna Miles, University of Cambridge

Common intention constructive trusts involve a lot of presumptions (and assumptions) made by judges and by commentators – about the parties’ intentions, about what parties’ intentions might be given what they’ve done, and (by a number of legal academics) about the prevalence (or otherwise) of sole-name cases and of express declarations of trust in joint-name cases. Jo will talk about these issues, in the context of recent journal article and textbook discussion of this area, survey data about co-ownership, and data that she recently FOI-ed from Land Registry about the use of restrictions pursuant to parties’ answers on Form TR1.

This seminar is open to all LLM, MCL and PhD students, Faculty members and Faculty visitors.