H v M (Property: Beneficial Interest)
| Jurisdiction | England & Wales |
| Date | 1991 |
| Court | Family Division |
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25 cases
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Ramdeen (Claudette Ann-Marie) v Lloyd Augustus Ramdeen
...this indicates that there was a common intention for her to share in the property at 4 Terry Close. However, in Hammond v Mitchell [1991] 1 WLR 1127 it was held that although there is a common intention to share in the beneficial interest in relation to one property, this does not necessar......
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Leroy McGregor v Verda Francis
...inGeddes v. Stoeckert , SCCA No. 98/95, (delivered on the 18 th June 1997), adopted the approach of the court in Hammond v. Mitchell [1992] 2 All ER 109 [1992] 2 All ER 109 in order to ascertain whether or not there was a common intention between the parties that the respondent was to have ......
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Lee Hudson v Jayne Hathway
...the property: e.g. Grant v. Edwards [1986] Ch 638 (per Nourse LJ at 648G-H); Eves v. Eves [1975] 1 WLR 1338, CA; Hammond v. Mitchell [1991] 1 WLR 1127; and Chan Pui Chun v. Leung Kam Ho [2003] 1 FLR 23, per Jonathan Parker LJ at 37 Ms Saunders submitted further that even if analogies fro......
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Chan Pui Chen v Leung Kam Ho
...513, CA. Grant v Edwards [1986] 2 All ER 426, [1986] Ch 638, [1986] 3 WLR 114, [1987] 1 FLR 87, CA. Hammond v Mitchell [1991] FCR 938, [1992] 2 All ER 109, [1991] 1 WLR 1127, [1992] 1 FLR Jennings v Rice[2002] EWCA Civ 159, [2003] 1 FCR 501. Lloyds Bank plc v Rossett [1990] 1 All ER 1111, [......
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7 books & journal articles
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Table of Cases
...SC (HL) 157, 1982 SLT 533, HL 101 Hague v Committee for Industrial Organization, 307 US 496 (1939), US Sup Ct 385 Hammond v Mitchell [1991] 1 WLR 1127, [1992] 2 All ER 109, [1992] 1 FLR 229 230 Hart v Commonwealth 131 Va 726 (1921) 383 Hazell v Hazell [1972] 1 WLR 301, [1972] 1 All ER 923, ......
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Interests in the family home: constructive trusts and estoppel compared
...and miss results. 23 They could indicate a right to live in the property: Ungurian v. Lesnoff [1990] Ch.206. 24 [1991] 1 F.L.R.391. 25 [1992] 1 F.L.R. 229 at 243. 26 [1992] 2 F.L.R.388 at 394. 27 This is equally true in jurisdictions where the courts operate more broadly based constructive ......
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The Family Home: Constructive and Resulting Trusts in Irish and English Law
...give rise to a constructive trust, however, "intention", not express 18 Supra, fn 53. '9 Supra, fn 47. 60 Also see Hammond v. Mitchell [1991] 1 WLR 1127. 61 Delany, Equity and the Law of Trusts in Ireland (Round Hall Sweet & Maxwell, 1996), at 159. 62 Supra, fi 54. [Vol. 2 Trinity College L......
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Taking a Witch's Brew and Making a Consommé Lord Neuberger's Dissent in Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432
...the question of who paid what is generally a traceable one. 82 The most notable passage is that of Waite J in Hammond v Mitchell [1991] 1 WLR 1127 at 1139 (when referring to the express common intention constructive trust), ‘The primary emphasis accorded by the law in cases of this kind to ......
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