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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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LAND LAW

Laskar v Laskar [2008] All ER (D) 104 (Feb)

Where the property in question is purchased as an investment, it is not appropriate to apply the presumption of joint ownership—that the beneficial interest mirrors the legal interest, so that joint tenants are entitled to equal proportions of the beneficial interest. This is so even where a familial relationship (here, mother and daughter) exists between the parties.

In this case, it was clear that, despite its familial appearance, the relationship was one between investors, and the presumption of joint ownership therefore did not apply. Accordingly, there was nothing more than a resulting trust, and each party was entitled to the value of her own contribution.
 

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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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