header-logo header-logo

Keeping up with the neighbours

03 May 2013 / Sarah Caroline Boyle , Kate Molan
Issue: 7558 / Categories: Features , Family
printer mail-detail
istock_000007233279medium

Scottish legislators are ahead on cohabitation law, say Sarah Caroline Boyle & Kate Molan

Despite our close geography, Scots law and the law of England and Wales could scarcely be more different—certainly in relation to the financial consequences of personal relationships. This brings both opportunity (and risk) for practitioners north and south of the border. Despite Lady Hale’s highly publicised comments on the huge disparity in approach between our jurisdictions in the Supreme Court case of Gow v Grant [2012] UKSC 29, many English and Welsh practitioners are not alive to the Scottish provision—and the opportunities in even, apparently, “English” cases. There may still be scope to raise proceedings in Scotland and take advantage of the law in relation to financial provision for cohabitants. 

Scotland

The Family Law (Scotland) Act 2006 (FL(S)A 2006) gave cohabiting individuals (limited) rights in the event of their cohabitation ending (whether on death or relationship breakdown). Claims on death are not tackled in this article—they exist only if the deceased died intestate. Such

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll