How beneficial interests stack up
How beneficial interests stack up
This note attempts to explain why the House of Lords was compelled to abandon the purchase money resulting trust in Stack v Dowden [2007] UKHL 17, reasons which have remained obscure because the abolition was unargued. The decision, it is suggested, was an unprincipled response to the quantification issue arising on particular facts which has created unnecessary technical dislocation. In particular it is argued that the predominant fact of the case was the large inflationary gain occurring over period of 13 years, a gain which overshadowed the monetary contributions to the purchase.
156-163
Sparkes, Peter
6146a193-28a1-450c-91ff-eab274a1d5c2
1 March 2011
Sparkes, Peter
6146a193-28a1-450c-91ff-eab274a1d5c2
Sparkes, Peter
(2011)
How beneficial interests stack up.
Conveyancer and Property Lawyer, 2011 (2), .
Abstract
This note attempts to explain why the House of Lords was compelled to abandon the purchase money resulting trust in Stack v Dowden [2007] UKHL 17, reasons which have remained obscure because the abolition was unargued. The decision, it is suggested, was an unprincipled response to the quantification issue arising on particular facts which has created unnecessary technical dislocation. In particular it is argued that the predominant fact of the case was the large inflationary gain occurring over period of 13 years, a gain which overshadowed the monetary contributions to the purchase.
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Published date: 1 March 2011
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Local EPrints ID: 182895
URI: http://eprints.soton.ac.uk/id/eprint/182895
ISSN: 0010-8200
PURE UUID: 66924428-df07-461f-9349-68867cb834d8
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Date deposited: 28 Apr 2011 12:37
Last modified: 10 Dec 2021 19:07
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Author:
Peter Sparkes
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