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31 January 2008 / Sarah Greer
Issue: 7306 / Categories: Features , Family , Property , Housing
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Back to the bad old days?

The courts are adopting an inconsistent approach to cohabitee disputes, says Sarah Greer

Once again in recent months the Court of Appeal has been required to grapple with the thorny issue of constructive trust and proprietary estoppel in the context of the family home. Once again, its decision demonstrates the difficulty for the courts in consistently applying well-established legal principles in circumstances where even the parties themselves struggle to identify their intention or expectations with any degree of clarity.

 

JAMES v THOMAS

In James v Thomas s [2007] EWCA Civ 1212, [2007] All ER (D) 373 (Nov), the claimant, Sharon James, claimed that she had acquired a beneficial interest in a property registered in the sole name of her former partner, Peter Thomas. The couple had met after Mr Thomas had acquired the property, known as “The Cottage”. In 1989, Ms James moved into The Cottage, and lived there until the couple separated, some 15 years later, in 2004.

 

From the outset,

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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