Stack and Dowden and the general rule of common intention constructive trusts (CICTs)

The house of Lords disapproved of the ‘fairness’ principle from Oxley v Hiscock and held that the general rule should be that ‘equity should follow the law’ so in most cases where the legal title is jointly owned the beneficial interests should be split equally unless there were exceptional circumstances. What were the exceptional circumstancesContinue reading “Stack and Dowden and the general rule of common intention constructive trusts (CICTs)”

Ruckus on law: R V Brown

There are two elements to consent: whether the victim consented, and whether the defendant believes the victim has consented. The prosecution must prove that the victim did not consent and that the defendant did not believe in his consent: R v Donovan [1934] The general rule is that consent can only be available as aContinue reading “Ruckus on law: R V Brown”

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