header-logo header-logo

16 December 2011 / Elizabeth Fitzgerald , John Summers
Issue: 7494 / Categories: Features , Family , Property
printer mail-detail

Time to change the rules?

John Summers & Elizabeth Fitzgerald examine two recent judgments that challenge long-established property law rules

Trusts of the family home are the common law’s itch that won’t go away. When will residential property owned in one person’s name, or in more than one name, nevertheless respectively be owned in equity jointly, or on some basis other than as joint tenants? The question is pressing as the number of unmarried couples who acquire property without giving clear thought, or expression, to its ownership, rockets.

Beneficial interests

In Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432 the House of Lords went some way towards relaxing the rules governing the assessment of beneficial interests. Lady Hale’s judgment adopted a holistic approach to the assessment of certain claims to shared beneficial ownership. The nature of that holistic enquiry has now been examined by the Supreme Court in Jones v Kernott [2011] UKSC 53, [2011] All ER (D) 64 (Nov).

Stack: a recap

Stack concerned a property held in

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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll