Oxley v Hiscock [2004]

Oxley v Hiscock [2004] EWCA 546 is a prominent English property law and family law case that delves into the realm of cohabitants' constructive trusts, focusing on the quantification of equity in the context of shared homes.

Mrs Elayne Oxley and Mr Allan Hiscock formed a new home together after Mrs Oxley quit her public housing tenancy. They purchased a property at 35 Dickens Close, with Mrs Oxley contributing 28%, Mr Hiscock 48%, and the remaining funded by a mortgage. Both parties contributed to various aspects, including household expenditures, improvements, maintenance, and mortgage payments. Following a fallout, Mrs Oxley claimed a 50% share of the proceeds from the property sale, while Mr Hiscock contended that a 22% share would be appropriate, considering the contributions he made.

At the Bromley County Court trial, HHJ Hallon acknowledged the evidence of a joint intention to equally share the benefits and burdens of the property. He granted Mrs Oxley a half share in the proceeds. On appeal, Chadwick LJ held that a constructive trust existed and needed quantification. He emphasised two crucial questions: the existence of a constructive trust and the method of quantification. In the absence of an expressed share in joint tenancy, the court was entrusted with determining a fair share based on the overall dealings between the parties.

Chadwick LJ's judgment highlights the significance of the court's role in determining fair shares in constructive trusts, especially when there is no predefined expression of shares in joint tenancy. The decision underscores the importance of considering the entire course of dealings, encompassing financial contributions, shared responsibilities, and joint intentions related to the property.

This case contributes to the evolving landscape of constructive trusts in cohabitation scenarios. The case provides clarity on the court's authority to decide fair shares based on the comprehensive assessment of the parties' interactions concerning the property. The judgment underscores the equitable principles governing the quantification of equity in shared homes, emphasising the nuanced nature of such determinations in the absence of explicit agreements.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.