Free Law Essay - Appeal Judgment Trusts

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To what extent, do you think, does Stack v Dowden confirm and follow Oxley v Hiscock?

There have been a number of liberal Court of Appeal decisions since Lord Bridge’s conservative judgment regarding the constructive trust in Lloyds Bank v Rosset. Oxley v Hiscock represented the high point of such reasoning, with Chadwick LJ applying what Battersby has described as “broadbrush quantification on a far larger scale than many lawyers had previously thought possible”. Stack v Dowden, although not strictly concerning constructive trusts, gave the House of Lords an opportunity to review the law in this area....

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