header-logo header-logo

29 February 2008
Issue: 7310 / Categories: Case law , Law digest
printer mail-detail

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.
 

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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll