Should Ireland Adopt the New ModelConstructive Trust; A Mountain MadeOut of A Molehill
“There have been few attempts and none successful to reconcileorthodoxy and the Lord Denning trust; rather, the honest path tooutright rejection has been taken”
IntroductionThe constructive trust arises by operation of law and comes into beingirrespective of the intentions of the parties.
Traditionally, there have been established categories for its imposition.
However, in 1972,Lord Denning declared an additional category that became the subjectof much controversy, the new model constructive trust (N.M.C.T).
Also known as the remedial constructive trust, it is a trust imposed
Hodkinson, “Constructive Trust: Palm-Trees in the Commonwealth,”
Conveyancer andProperty Lawyer
420 at 428.
Equity and the Law of Trusts in Ireland
ed., Dublin, Round Hall, 2007) at209.
, chapter 8 generally. For example Fiduciary relationship, Mutual wills, vendor andpurchaser relationship, where mortagee seeks to realise his security.
Hussey v. Palmer
 1 W.L.R 1286. So described in
Eves v. Eves
 1 W.L.R1338.