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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll