Ratio Decidendi
For a common intention constructive trust in property, the claimant must show either (a) an express common intention to share ownership, plus detrimental reliance, or (b) a direct financial contribution to the purchase price from which common intention can be inferred.
حقائق
A house was purchased in the sole name of Mr Rosset using money from a family trust. Mrs Rosset supervised renovations but made no direct financial contribution. The bank obtained a charge over the property. Mrs Rosset claimed a beneficial interest that took priority.
فیصلے کا خلاصہ
The House of Lords held that Mrs Rosset had no beneficial interest. There was no express common intention to share ownership. Her contribution of supervising building works was insufficient to infer a common intention — only direct financial contributions would suffice.
اہم اقتباسات
"It is at least extremely doubtful whether anything less than a direct contribution to the purchase price would give rise to a constructive trust."
— Lord Bridge
بعد کا علاج
The strict approach to inferring common intention was relaxed by Jones v Kernott [2011] and Stack v Dowden [2007], which adopted a broader holistic approach in joint names cases.