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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll