header-logo header-logo

01 November 2024
Issue: 8092 / Categories: Features , Contract
printer mail-detail

Broken promises: not so happy sailing

195031
Mark Pawlowski on when a promise becomes a declaration of trust

Words spoken in conversation during parties’ intimate relationships can assume an unforeseen legal significance when examined years later by the courts. The facts in Rowe v Prance [1999] 2 FLR 787, [1999] All ER (D) 496 serve as a vivid illustration of this.

Sail away

The claimant was a widow who cohabited for 14 years with the defendant, a married man of considerable private means. In 1993, he told the claimant he would divorce his wife and use the proceeds of the sale of the matrimonial home to buy a yacht for them to share and sail around the world. The defendant duly purchased a yacht for £172,000, which was renamed so as to incorporate the parties’ respective names.

The yacht was registered in the defendant’s sole name, the defendant giving the excuse that a joint registration was not possible because the claimant did not possess an ocean master’s certificate. The claimant gave up her rented house and put

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll