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

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

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.

Citation
[2017] 1 JLR 325
Parties
First Brother / Plaintiff: Campbell; Second Brother / Defendant: Campbell
Jurisdiction
Jersey
Judgment Date
06 July 2017
Procedural Posture
Civil / Judgment
Outcome
judgment for the second brother
Legal Topics
Constructive Trusts, Common Intention, Beneficial Ownership
Trusts Law Constructive Trusts Common Intention Beneficial Ownership

Case Brief

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Parties

Campbell

First Brother / Plaintiff

Campbell

Second Brother / Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 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

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

Orders

  • 50% of the benefit of the loans to be held on constructive trust for the second brother