ABSTRACT
In O’Neill v Holland, the Court of Appeal was asked to clarify what qualified as ‘detriment’ for the purposes of establishing a common intention constructive trust. Although the case provides some clarity on ‘lost gains’, it did not resolve the main question of whether it is possible for a Claimant to rely on the detriment of another.
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Shaun Matos, Understanding ‘Detriment’ in Common Intention Constructive Trusts: Case Note on O’Neill v Holland [2020] EWCA Civ 1583, 2020 WL 06997189, Trusts and Trustees, https://doi.org/10.1093/tandt/ttaa120. Published: 20 January 2021.
First posted 2021-01-25 08:10:24
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