It specifically deals with the translation into money of physical contributions from a cohabitee or spouse (as regards each other), under which its principles have been largely superseded.
The case stood for the proposition that a no-owning cohabitee contributing to the cost of running a house and, even, quite common renovations to a derelict property did not, in itself, create a beneficial interest in that person's favour.
Its strict limits on equity flowing to a non-owning partner were doubted in Stack v Dowden, in which the final court of appeal sitting in 2007 said "the law has moved on".
That court's panel found (2-1) that Rosset's renovation works during the school day, including on the date of making of the mortgage/secured overdraft, did amount to actual occupation.
She had made no financial contributions to the acquisition or renovations, but had done decorating and helped by assisting in the professional building works in the immediate two months before their full-time moving in (including at night).
The term ‘actual occupation’ does not require physical presence, and daily visits of Mrs Rosset to the semi-derelict house was enough.
Lord Bridge gave the only legal opinion, holding that because there had never been any express agreement that she would have a share, nor any contributions to the purchase price, Mrs Rosset could establish no right in the home.
The finding of an agreement or arrangement to share in this sense can only, I think, be based on evidence of express discussions between the partners, however imperfectly remembered and however imprecise their terms may have been.
In sharp contrast with this situation is the very different one where there is no evidence to support a finding of an agreement or arrangement to share, however reasonable it might have been for the parties to reach such an arrangement if they had applied their minds to the question, and where the court must rely entirely on the conduct of the parties both as the basis from which to infer a common intention to share the property beneficially and as the conduct relied on to give rise to a constructive trust.
In this situation direct contributions to the purchase price by the partner who is not the legal owner, whether initially or by payment of mortgage instalments, will readily justify the inference necessary to the creation of a constructive trust.
Lloyds Bank plc v Rosset was subjected to heavy criticism for failing to recognise that work might generate an equitable interest in a family home.