Campbell v. Campbell [2017] 1 JLR 325 (06 July 2017)
- Citation
- [2017] 1 JLR 325
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that 50% of the benefit of the loans in the name of the first brother, to a company owned equally by the two brothers, was held on constructive trust for the second brother, consistent with their express arrangement and inferred from their joint contributions.
Court disposition
judgment for the second brother
Orders
- 50% of the benefit of the loans to be held on constructive trust for the second brother
02
Material facts
Parties
Campbell
First Brother / PlaintiffCampbell
Second Brother / Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether 50% of the benefit of loans in the name of the first brother to a company owned equally by two brothers is held on constructive trust for the second brother
Party arguments
- Applicant
- The first brother claimed sole entitlement to the benefit of the loans as they were in his name.
- Respondent
- The second brother argued that the benefit of the loans should be shared equally, consistent with their joint business arrangement and mutual contributions.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law; general principles of constructive trusts
A constructive trust may arise where there is a common intention and both parties contribute to the acquisition of property, even if legal title is in one name.
06
Ratio, limits and disposition
Ratio decidendi
The court held that 50% of the benefit of the loans in the name of the first brother, to a company owned equally by the two brothers, was held on constructive trust for the second brother, consistent with their express arrangement and inferred from their joint contributions.
Court disposition
judgment for the second brother
- 50% of the benefit of the loans to be held on constructive trust for the second brother
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Campbell v. Campbell [2017] 1 JLR 325 (06 July 2017) URL: https://www.bailii.org/je/cases/JLR/2017/JLR171325.html Cite as: [2017] 1 JLR 325 [ New search ] [ Help ] Campbell v. Campbell 2017 (1) JLR 325 (06 July 2017) Trusts-constructive trusts-common intention-50% of benefit of loans in name of first brother, to company owned equally by two brothers, held on constructive trust for second brother-consistent with express arrangement as to joint business generally and inferred from facts (e.g. both contributed funds for loans) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2017 (1) JLR 325 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2017/JLR171325.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.