The Politics of Lloyd's Bank v Rosset [1991]

While there can be little doubt that Lloyd ’ s Bank v Rosset is a paradigmatic ‘ landmark case ’ for English property law, that would not, in itself, justify its claim for space—against the whole of the field—in this collection. Indeed, there are strong arguments for and against inclusion. On the one hand, Rosset is part of the breadand- butter of property law courses: every student must be familiar with its well-rehearsed facts and its landmark contribution to English law through fixing the ‘bright-line ’ rules of the common intention constructive trust. At the same time, one might reasonably ask: what more can be said about a decision which has been widely analysed, extensively criticised and broadly acknowledged to be doctrinally poor? In claiming that there is something more to be said about Lloyd ’ s Bank v Rosset, this chapter takes as its focus the almost uncanny resilience of a widely-criticised decision.