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Durham University

Durham Law School

Staff profile

Publication details for Mr Chris Bevan

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.

Author(s) from Durham

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).