header-logo header-logo

01 July 2010 / Laura Bednall
Issue: 7424 / Categories: Features , Family
printer mail-detail

Unreliable evidence

Written evidence of agreements remains the most reliable proof of intention, says Laura Bednall

The number of couples choosing cohabitation over marriage is set to spiral over the next two decades, according to recent forecasts. But the new coalition government is showing no signs of reforming the law in this area to cope with this new social landscape. The law arguably remains ill-equipped to deal with the complex disputes over land ownership and claims for beneficial ownership which can arise when cohabitants split.

The recent case of Walsh v Singh [2009] EWHC 2319 (Ch) does not make new law, but provides a useful reiteration of the tried and tested principles in constructive trust cases, as well as scrutinising the nature of the relationship between the claimant and defendant. HHJ Purle QC’s decision serves as a stark warning to both couples and practitioners that claiming a beneficial interest in land is never straightforward, and that reliance on contributions alone is not always sufficient. 

Background

The claimant (W) sought a declaration that she had a beneficial

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll