Jones v Plane (nee Ferkin) [2006] JLR 438 (12 September 2006)
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.
- Citation
- [2006] JLR 438
- Parties
- Plaintiff: Jones; Defendant: Plane (nee Ferkin)
- Jurisdiction
- Jersey
- Judgment Date
- 12 September 2006
- Procedural Posture
- Civil / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Constructive Trusts, Common Intention, Beneficial Interest, Property Law
Case Brief
Summary, issues, holding and outcome
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Parties
Jones
Plaintiff
Plane (nee Ferkin)
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether a common intention constructive trust arises from contributions other than to purchase price or mortgage repayments
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
Full Case Text
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