Financial Remedies Journal (FRJ) has published Christopher Stirling's article 'The lesser known 'acquisition constructive trust' after Khan v Khan [2025] EWCA Civ 1436 and why financial remedy lawyers need to know about it'.
As Christopher points out most financial remedy lawyers will be familiar with constructive trusts. These arise both in Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) cases and also fairly frequently in intervener disputes concerning ownership of property between spouses and 3rd parties within financial remedy proceedings.
When thinking of constructive trusts, financial remedy lawyers will generally have in mind the common intention constructive trust. The modern form of which derives from the seminal House of Lords/Supreme Court decisions in Stack v Dowden [2007] 2 UKHL 17 and Jones v Kernott [2011] UKSC 53.
However, this is not the only type of constructive trust. Many of the other types will rarely trouble financial remedy lawyers.
But, the ‘acquisition constructive trust’, as named by the Court of Appeal in Khan v Khan [2025] EWCA Civ 1436 is one to familiarise yourself with.
Read Christopher's article in full 'The lesser known 'acquisition constructive trust' after Khan v Khan [2025] EWCA Civ 1436 and why financial remedy lawyers need to know about it' on FRJ.