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18 November 2011 / Jonathan West
Issue: 7490 / Categories: Opinion , Family
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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

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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