header-logo header-logo

Redefining fairness

18 November 2011 / Jonathan West
Issue: 7490 / Categories: Opinion , Family
printer mail-detail

The decision in Jones v Kernott has turned a complex area of law into a minefield, says Jonathan West

The Supreme Court handed down its long awaited judgment last week in the case of Jones v Kernott [2011] UKSC 53, [2011] All ER (D) 64 (Nov). The issue at stake was the ownership of a jointly held property which had been shared for some years by Leonard Kernott and Patricia Jones. Their relationship broke down after eight years of unmarried cohabitation in 1993.

Stack v Dowden

This case has given the Supreme Court the chance to reconsider the decision in Stack v Dowden [2007] UKHL 17, [2007] 2 All ER 929. In Stack, the home purchased was conveyed into joint names, with Ms Dowden contributing significantly more. One of the key features in that case was the way in which the parties had maintained separate bank accounts and investments. In that case the House of Lords (as it was then) awarded Ms Dowden a 65% interest.

In Jones the

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