Jersey Judgment

Campbell v. Campbell [2017] 1 JLR 325 (06 July 2017)

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Source document

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 / Plaintiff

Campbell

Second Brother / Defendant

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2017] 1 JLR 325

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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

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