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15 July 2010 / Michael Walsh
Issue: 7426 / Categories: Features , Family
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Imaginary intentions?

Finding common intention after Kernott v Jones.
Michael Walsh reports

“This is a cautionary tale, which all unmarried couples who are contemplating the purchase of residential property as their home, and all solicitors who advise them, should study…” That was the opening warning given by Wall LJ in the recent case of Kernott v Jones [2010] EWCA Civ 578, [2010] All ER (D) 244 (May) a case that considers the division of the beneficial interest of the home of cohabitants after a long period of separation.

Facts

In 1981 Ms Jones purchased a caravan for £3,750, which was funded by a loan from her bank. In 1983 or 1984, Mr Kernott moved in with Ms Jones and they had a child. In 1985 Ms Jones sold the caravan for £8,000 and the couple bought the freehold of the property in question for £30,000. Ms Jones contributed £6,000 from the sale of the caravan and the rest of the purchase was financed by an endowment mortgage.

During their relationship Mr Kernott would give Ms Jones £100

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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
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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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