Until Marr v Collie, the common intention constructive trust (“CITC”) had only been considered by the highest appellate level twice before – by the Supreme Court in Jones v Kernott and the House of Lords in Stack v Dowden. In Stack, Lady Hale disagreed with the presumption that ‘equity follows the law’, rather permitting that the party seeking to rebut the presumption can do so in proving that the parties held a common intention that their beneficial interests were different from their legal interests.