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Common intention constructive trusts

Trusts and Estates

Common intention constructive trusts

The recent judgment in Kahrmann v Harrison-Morgan [2019] EWCA Civ 2094, which was decided on appeal and overturned the decision of the trial judge, demonstrates the extent to which the court will intervene (in this case using the doctrine of common intention constructive trusts) to enforce the terms of an agreement between parties, even in a semi-commercial context, despite the precise terms of that agreement not having been made clear.

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