Fowler v Barron (Record no. 80248)

MARC details
000 -LEADER
fixed length control field 01858cad a22002175a 4500
001 - CONTROL NUMBER
control field L143629
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080522e20080423xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u143629
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Fowler v Barron
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 377, 23 April 2008. Considered the intentions of parties in the absence of an expressly stated agreement. The appellant (F) had shared a property with her former partner (B) which was registered in their joint names. They lived together for a number of years. B had paid the mortgage and looked after their children while F worked, spending her money mostly on herself and the children. The judge held that resulting trust applied, and the property belonged beneficially to B. F argued that the common intention constructive trust applied, since F and B had executed wills in one another's favour and it had been her understanding they intended to share the property. "Held": The previous judgment was flawed by its determination of the parties' intentions by their financial contributions rather than their conduct in relation to the property. Stack v Dowden (L138158) applied. The relevant intention was the belief understood by and communicated between the parties. Any hidden intention of B's was immaterial. The balance of contributions to the mortgage was not decisive, since it could be assumed F paid family expenses. B had failed to demonstrate intentions other than shared ownership of the property. Appeal allowed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GISSING V GISSING
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FOWLER V BARRON
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element STACK V DOWDEN
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Residential property
9 (RLIN) 6266
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/377.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/377.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 22/05/2008   ONLINE PUBLICATION 143629-1001 06/08/2019 1 06/08/2019 Law report