Chapter

The trust concept

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0036
The trust concept

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Pettitt v Pettitt was followed the next year by another case which reached the Lords — Gissing v Gissinl. In the Court of Appeal, the author had applied the wide principle. He did what we thought was fair and just. The House of Lords reversed him. But in the course of the judgment, the Lords opened up a way in which a wife could be given a share in the house without any reliance on section 17 of the 1882 Act. They did it by reference to the law of trusts. The House gave their decision in Gissing v Gissini and after that, the author adopted the trust concept and applied it in Falconer v Falconer. So after all the silent revolution has been accomplished. The wife who makes a financial contribution is entitled to a share in the house, even though it stands in the name of her husband.

Keywords: Pettitt v Pettitt; Gissing v Gissinl; Court of Appeal; House of Lords; law of trusts; trust concept

Chapter.  1999 words. 

Subjects: Constitutional and Administrative Law

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