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09 December 2011 / Geraldine Morris
Issue: 7493 / Categories: Opinion , Legal aid focus , Family
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The great divide

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Geraldine Morris calls for reform of the law surrounding cohabitation

The Supreme Court has handed down its judgment in Jones v Kernott [2011] UKSC 53, [2011] All ER (D) 64 (Nov) and I for one called it wrong. Not as to the outcome, which on the facts seems fair and reasonable, but as to the lack of a dissenting judgment. The Supreme Court unanimously allowed the appeal and restored the order of the county court which provided for Kernott to receive 10% of the equity in the property he had jointly purchased with Jones in 1985.

The facts of the case are well-rehearsed (see NLJ, 18 November 2011, p 1571). Lord Walker and Lady Hale gave the lead judgment. Lord Collins agreed with Lord Walker and Lady Hale and added some reflections of his own. Lord Kerr and Lord Wilson agreed with the result but reached it by a different route.

The judgment had been eagerly awaited by family lawyers. Cohabitant cases had been put on hold in anticipation of the outcome. Six

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