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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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