Home Page > Property Law Library > Co-ownership and estoppel > Pallant v Morgan

Home Page
Editorial Team

Co-ownership disputes - Stack v Dowden
Equitable accounting
Pallant v Morgan
Proprietary estoppel
Laches and estoppel
Satisfying the equity
Trusts of Land etc Act 1996

Current page

Pallant v Morgan

"Pallant v Morgan" constructive trust

Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd
[2005] EWCA Civ 1355.

In dismissing an appeal on the facts the CA (citing the first instance judge) succinctly explained the principle of the Pallant v Morgan constructive trust:
    "Essentially the principle is that (i) if A and B agree that A will acquire some specific property for the joint benefit of A and B and (ii) B, in reliance on A's agreement, refrains from attempting to acquire the property, then equity will not permit A, when he acquires the property, to keep it for his own benefit, to the exclusion of B." (Para 20)

If you have found this page useful, you may be interested in the following:

Free Summaries £nil
Full Membership From £207 + VAT (1 year)