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17 April 2015 / Frances Ratcliffe
Issue: 7648 / Categories: Features , Family
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State of play

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The latest developments in property cohabitation cases: where are we now, asks Frances Ratcliffe

In Stack v Dowden [2007] 2 AC 432, [2007] 2 All ER 929, the majority of the House of Lords disavowed the relevance of the presumption of resulting trust in cases concerning the beneficial interests in real property registered in the joint names of cohabitating couples for their joint occupation for domestic purposes. Rather, in the words of Baroness Hale, the search is to ascertain the parties’ shared intentions, actual, inferred or imputed with respect to the property in the light of their whole course of conduct in relation to it. Stack reiterated that the starting point in considering the apportionment of beneficial interests is that equity follows the law: so, in cases of sole legal ownership, the starting point is sole beneficial ownership, and in cases of joint legal ownership it is joint beneficial ownership. Moreover, cases of joint legal ownership where the beneficial interests are not shared equally will be “very unusual”. Stack was itself such a case,

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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