Cohabitation: No further forward

Harbottle & Lewis LLP | February 2023 #220
Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been …

Continue reading "Cohabitation: No further forward"

This post is only available to members.

TOLATA 1996: No harm done

Family Law Partners | November 2022 #218
Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first …

Continue reading "TOLATA 1996: No harm done"

This post is only available to members.

Trusts: Doing away with the need for detrimental reliance

36 Group | June 2022 #234
Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …

Continue reading "Trusts: Doing away with the need for detrimental reliance"

This post is only available to members.