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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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