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01 November 2024
Issue: 8092 / Categories: Features , Contract
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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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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