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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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Thackray Williams—Lucy Zhu

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Dual-qualified partner joins as head of commercial property department

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Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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