header-logo header-logo

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

Redefining fairness

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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
back-to-top-scroll