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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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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