Jersey Judgment

Plane (nee Ferkin) v Jones [2006] JLR_Note 6 (03 March 2006)

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01

Holding and result

The court considered whether a constructive trust was established based on the parties' common intention.

02

Material facts

Parties

Plane (nee Ferkin)

Applicant

Jones

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether a constructive trust arises based on common intention

05

Court’s reasoning

  1. 01

    Jersey law

    A constructive trust may arise where there is a common intention between parties regarding beneficial ownership.

06

Ratio, limits and disposition

Ratio decidendi

The court considered whether a constructive trust was established based on the parties' common intention.

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