Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
October 19, 2012

Common intention and detrimental reliance

Last week we looked at the approach of the Court of Appeal and the instances when they would interfere to change or adjust the decision of the trial judge. As mentioned before, those times are limited to instances when the trial judge was “clearly and blatantly wrong”. The appeal judges could look at the evidence and make their own inferences. In the discussion, the issue of “common intention” and “detrimental reliance” were identified and I take this opportunity to expand on these concepts.{{more}}

These concepts are associated with settled legal principle in relation to the acquisition of beneficial interest in an asset or property. The principle is that the claimant must prove that there was a common intention between the parties that they should share the beneficial title and the claimant acted to his or her detriment on the basis of the common intention. To ensure an equitable distribution of matrimonial or joint property, the court would explore common intention and detrimental reliance with regards to the parties. It is necessary to look at what the parties said and did in terms of their intention to purchase the asset, so as to arrive at a fair share of the beneficial interest.

Common Intention

Very often, while the parties are enjoying themselves, they do not find the time to record or make decisions about the share of beneficial interest in assets. In fact, very few would think that their relationship would come to an end and there would be a need to share the assets. So, where a property is obtained during the marriage, or the relationship and is registered in the name of one party, even though both parties would have contributed, the court will explore the evidence to see if there is common intention.

There are two ways by which common intention could be established. There can be direct evidence of an agreement, that the party without the legal title will have a beneficial interest in the asset. Where there is no express agreement, then the conduct of the parties could be examined to see if they intended to have joint ownership.

Detrimental Reliance

If a person acts upon this common intention by performing in some ways towards the acquisition of the asset, the acts of that party could be regarded as sufficient detriments to his or her interest.

In the Anguillan case, Webster v Dunbar (No.4 of 2011), the trial judge found that there was an express agreement and that the respondent told the claimant that her name could not be included on the title, as she was not a citizen of that country where the property was located. Based on the evidence, the judge thought that the respondent’s purchase of blinds, building material, and general assistance in the construction process were acts done by her to her detriment and would qualify her for a beneficial interest in the property in contention.

In the case of Grant v Edwards and Another (1986, 2 All ER 426) the claimant was a married woman in a common law relationship with the Defendant. Her name was not included on the title, as the Defendant told her it would prejudice her in her pending matrimonial proceedings. There was an express oral agreement. The claimant made indirect contributions to the repayment of the mortgage by sharing the household expenses, housekeeping and bringing up the children. The Court of Appeal thought there was a common intention and that she had acted to her detriment in reliance on that common intention.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    ULP presents slate of candidates for National Council’s approval
    Front Page
    ULP presents slate of candidates for National Council’s approval
    Webmaster 
    September 16, 2025
    THE GOVERNING Unity Labour Party (ULP), last Thursday, September 11, 2025, presented its full slate of candidates for approval at the party’s National...
    Ollivierre promises Ministry of Grenadines Development under NDP
    Front Page
    Ollivierre promises Ministry of Grenadines Development under NDP
    Webmaster 
    September 16, 2025
    OPPOSITION MEMBER of parliament for the Southern Grenadines, Terrance Ollivierre is promising a better life for the people of the constituency under a...
    North Windward elderly enjoy ‘Age with Grace’ at Sandy Bay
    Front Page
    North Windward elderly enjoy ‘Age with Grace’ at Sandy Bay
    Webmaster 
    September 16, 2025
    SCORES OF NORTH Windward residents turned out to the Sandy Bay Primary School on Saturday, September 13, 2025 to take part in a body care and wellness...
    ‘Outsider’ shot and killed in Layou
    Front Page
    ‘Outsider’ shot and killed in Layou
    Webmaster 
    September 16, 2025
    A MAN WHO WAS DESCRIBED as an “outsider” by several villagers before he was shot and killed in Layou last weekend, has been identified as 23-year-old ...
    Mainland, firmly NDP territory says Cummings
    Press Release
    Mainland, firmly NDP territory says Cummings
    Webmaster 
    September 16, 2025
    CHAIRMAN OFTHE NEW DEMOCRATIC PARTY (NDP), Daniel Cummings, has appealed to constituents in the Southern Grenadines to re-elect Terrance Ollivierre in...
    GEF, UNDP and Ministry of Agriculture Summer engagement Programme a success
    Press Release
    GEF, UNDP and Ministry of Agriculture Summer engagement Programme a success
    Webmaster 
    September 16, 2025
    IN A BOLD STEP toward cultivating the next generation of environmental leaders, the Ridge to Reef Project – funded by the Global Environment Facility ...
    News
    Vendor fined, bonded, and ordered to pay compensation for striking sleeping man
    From the Courts, News
    Vendor fined, bonded, and ordered to pay compensation for striking sleeping man
    Webmaster 
    September 16, 2025
    A VENDOR, who accused another man of vomiting and urinating in front of his family’s business place was bonded for striking the man in his stomach whi...
    Collaboration needed for more growth, says SVG Hotel Association President
    News
    Collaboration needed for more growth, says SVG Hotel Association President
    Webmaster 
    September 16, 2025
    PRESIDENT OF THE SVG Hotel Association Isola Giddings, says the country’s tourism sector is on a firm path of growth, but stakeholders must work toget...
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    Skills not available locally, non-nationals have to be hired says Finance Minister
    News
    Skills not available locally, non-nationals have to be hired says Finance Minister
    Webmaster 
    September 12, 2025
    NON- NATIONALS ARE being hired to fill several jobs in St Vincent and the Grenadines (SVG) simply because locals did not have the required skill sets....
    Montgomery Daniel squashes rumours that he’s sick
    News
    Montgomery Daniel squashes rumours that he’s sick
    Webmaster 
    September 12, 2025
    DEPUTY PRIME MINISTER Montgomery Daniel has sought to clear around rumours that have been circulating relating to his health. Speaking on NBC radio on...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok