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01 July 2010 / Laura Bednall
Issue: 7424 / Categories: Features , Family
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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

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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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