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16 December 2011 / Elizabeth Fitzgerald , John Summers
Issue: 7494 / Categories: Features , Family , Property
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Time to change the rules?

John Summers & Elizabeth Fitzgerald examine two recent judgments that challenge long-established property law rules

Trusts of the family home are the common law’s itch that won’t go away. When will residential property owned in one person’s name, or in more than one name, nevertheless respectively be owned in equity jointly, or on some basis other than as joint tenants? The question is pressing as the number of unmarried couples who acquire property without giving clear thought, or expression, to its ownership, rockets.

Beneficial interests

In Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432 the House of Lords went some way towards relaxing the rules governing the assessment of beneficial interests. Lady Hale’s judgment adopted a holistic approach to the assessment of certain claims to shared beneficial ownership. The nature of that holistic enquiry has now been examined by the Supreme Court in Jones v Kernott [2011] UKSC 53, [2011] All ER (D) 64 (Nov).

Stack: a recap

Stack concerned a property held in joint names by an unmarried couple. Both parties were responsible

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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