The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones

Bevan, Chris

The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones

Bevan, Chris

Authors

Professor Chris Bevan christopher.w.bevan@durham.ac.uk
Professor

Abstract

Abstract: Reviews the debate over the extent to which courts may override the parties' intentions in an express declaration of trust and create a revised bargain concerning the parties' beneficial interests, using a discretionary approach to common intention following Stack v Dowden (HL). Explains the importance of the issue, and considers the scope for variations to the traditional approach, with reference to cases such as Pankhania v Chandegra (CA).

Citation

Bevan, C. (2019). The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones. Law Quarterly Review, 135, 660-681

Journal Article Type	Article
Acceptance Date	Nov 30, 2018
Online Publication Date	Oct 31, 2019
Publication Date	Oct 31, 2019
Deposit Date	Oct 10, 2019
Publicly Available Date	Oct 31, 2020
Journal	Law Quarterly Review
Print ISSN	0023-933X
Publisher	Sweet and Maxwell
Peer Reviewed	Peer Reviewed
Volume	135
Pages	660-681
Publisher URL	https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=473&productid=7116

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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in Law quarterly review following peer review. The definitive published version Bevan, Chris (2019). The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones. Law Quarterly Review 135: 660-681 is available online on Westlaw UK or from Thomson Reuters DocDel service.