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21 September 2012
Issue: 7530 / Categories: Features , Property
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Who to trust?

The law surrounding cohabitees & trusts of land continues to evolve, says Greg Williams

There are over four million unmarried couples cohabiting in England and Wales. Many of those couples undoubtedly believe in the fallacy of the “common law marriage”. This myth survives because it is erroneously referred to in everyday speech, perhaps perpetuated by the media and application forms for insurance, loans and mortgages.

Decline in marriage

Marriage rates have been in decline for over 30 years. Even those couples who do marry (one can think of a topical Royal example) tend to live together for at least a few years before they tie the knot.
On 9 November 2011, the Supreme Court gave its decision in the landmark case of Kernott v Jones [2011] UKSC 53, [2012] AC 776.

That case provided an opportunity for the Court to revisit the House of Lords’ decision in Stack v Dowden [2007] UKHL 17, [2007] 2 All ER 929.

The outcome of Kernott was widely discussed at the time. It was not lost on the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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