Constructive trusts: Keeping up with the Jones

Naveed Ali outlines the development of the constructive trust principle to aid cohabitees ‘The court should establish the intentions of the parties with evidence; where intention cannot be inferred, the court may impute an intention which the parties may never have founded.’ The regulation of proprietary rights after a breakdown of marriage is extensive: the …
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International Focus: Finding the fairness

Dr Dianne Millen explores how cohabitation law introduced in 2006 in Scotland is working in practice ‘The Supreme Court in Gow emphasised the non-commercial nature of cohabiting relationships, where people are prepared to make sacrifices of all kinds for a relationship without demanding some quasi-contractual form of financial recompense.’ Eight years after the Family Law …
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Cohabitants: Scotland the brave

Brenda Long and Claire Dyer contemplate the lessons to be learnt from the Supreme Court decision in Gow v Grant Scottish lawyers identified a lack of public knowledge about the ability to pursue claims and difficulties in understanding the provisions and the advice they were given. The Scottish case of Gow v Grant [2012] recently …
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