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06 May 2022 / Julia Petrenko , Ashpen Rajah
Issue: 7977 / Categories: Features , Property , Family
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Cohabitee disputes: unconscionability without detriment?

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Hudson v Hathway: Julia Petrenko & Ashpen Rajah discuss a surprising ruling on detrimental reliance
  • In Hudson v Hathway, the High Court held that equitable shares in a family home, purchased in joint names, could be varied by a subsequent common intention even in the absence of detrimental reliance or a change of position.
  • The case will be of significant interest to property law and family law practitioners alike for its interpretation of the decisions in Stack v Dowden and Jones v Kernott.

Practitioners will be familiar with the principles on equitable co-ownership and constructive trusts, laid down by the House of Lords in Stack v Dowden [2007] UKHL 17, [2007] All ER (D) 208 (Apr) and the Supreme Court in Jones v Kernott [2011] UKSC 53, [2011] All ER (D) 64 (Nov). The recent decision of the High Court in Hudson v Hathway [2022] EWHC 631 (QB), [2022] All ER (D) 76 (Mar) is important as it determines, for the first time, that detrimental

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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