Jones v Plane (nee Ferkin) [2006] JLR 438 (12 September 2006)
- Citation
- [2006] JLR 438
- 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
A common intention constructive trust cannot be inferred from financial contributions to joint living expenses, improvements, repairs, or physical labour; only contributions to purchase price or mortgage repayments are relevant.
Court disposition
claim dismissed
02
Material facts
Parties
Jones
PlaintiffPlane (nee Ferkin)
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether a common intention constructive trust arises from contributions other than to purchase price or mortgage repayments
Party arguments
- Applicant
- Plaintiff claimed a beneficial interest in defendant's property based on financial contributions to joint living expenses, improvements, repairs, and physical labour.
- Respondent
- Defendant argued that only contributions to purchase price or mortgage repayments could establish a common intention constructive trust.
05
Court’s reasoning
Legal principles
- 01
[2006] JLR 438
A common intention constructive trust is established only if there is a common intention for the plaintiff to have a beneficial interest in the defendant's property and detrimental reliance; if not express, such agreement is only inferred from contributions to the purchase price or mortgage repayments, not from financial contributions to joint living expenses, improvements, repairs, or physical labour.
06
Ratio, limits and disposition
Ratio decidendi
A common intention constructive trust cannot be inferred from financial contributions to joint living expenses, improvements, repairs, or physical labour; only contributions to purchase price or mortgage repayments are relevant.
Court disposition
claim dismissed
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
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BAILII >> Databases >> Jersey Law Reports >> Jones v Plane (nee Ferkin) [2006] JLR 438 (12 September 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060438.html Cite as: [2006] JLR 438 [ New search ] [ Help ] Jones v Plane (nee Ferkin) 2006 JLR 438 (12 September 2006) Trusts-constructive trusts-common intention-established if common intention plaintiff to have beneficial interest in defendant's property and detrimental reliance-if not express, agreement only inferred from contributions to purchase price or mortgage repayments-not inferred from financial contributions to joint living expenses, improvements or repairs to property, or hard physical labour 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: 2006 JLR 438 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060438.html
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