Abbott v Abbott
 | This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)
|
| Abbott v Abbott | |
|---|---|
.svg) | |
| Court | Judicial Committee of the Privy Council |
| Citation(s) | [2007] UKPC 53, [2008] 1 FLR 1451 |
| Case history | |
| Prior action(s) | Court of Appeal of Antigua and Barbuda |
| Keywords | |
| trust, family home | |
Abbott v Abbott [2007] UKPC 53 was advice from the Privy Council on a case from the Court of Appeal of Antigua and Barbuda, that is relevant for English land law and concerns the nature of constructive trusts.
Facts[edit]
Mr. and Mrs. Abbott were in Antigua and Barbuda and were married.[1] There the shares would still be determined by property law. Mr Abbott was the registered owner. Mr Abbott did not dispute that Mrs Abbott had a share, but disputed the amount.
Judgment[edit]
Baroness Hale, delivering the opinion of the Board, said the following.
19. The Court of Appeal appears to have attached undue significance to the dictum of Lord Bridge in Lloyds Bank plc v Rosset, in particular as to what conduct is to be taken into account in quantifying an acknowledged beneficial interest. The law has indeed moved on since then. The parties' whole course of conduct in relation to the property must be taken into account in determining their shared intentions as to its ownership.
![[icon]](/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. (May 2012) |
See also[edit]
Notes[edit]
- ^ "Abbott v Abbott - Case Summary". IPSA LOQUITUR. Retrieved 2 April 2023.