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24 July 2008 / Sarah Greer
Issue: 7331 / Categories: Features , Property
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No more nonsense

Separated couples should expect the courts to take a robust approach in quantifying shares in the family home in future. Sarah Greer explains why

The quantification of beneficial interests in the quasi-matrimonial home has been problematic for the courts over many years. Separating couples have often given no thought to the legal implications of their house purchase, and rarely make express provision for the division of the property in the event of a relationship breakdown. Despite the Law Commission's best efforts, legislation designed to assist the parties in dividing up their home now seems unlikely in the near future. In the absence of this, in Stack v Dowden [2007] UKHL 17, [2007] All ER (D) 208 (Apr), the House of Lords helpfully set out guidelines for the courts in approaching such cases. However, subsequent decisions, such as Adekunle v Ritchie (2007) WTLR 1505, have demonstrated the difficulty faced by the lower courts in applying these guidelines. In Fowler v Barron [2008] EWCA Civ 377, [2008] All ER (D) 318 (Apr) the Court of Appeal has at last seized

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Payne Hicks Beach—Flora Hussey

Payne Hicks Beach—Flora Hussey

Private client department announces partner hire

Blake Morgan—Daniela Smith & Lee Fisher

Blake Morgan—Daniela Smith & Lee Fisher

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Ogier—Heidi Sandy & Farrah Sbaiti

Ogier—Heidi Sandy & Farrah Sbaiti

Global dispute resolution team promotes two partners in Guernsey and Cayman Islands

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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