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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 legal profession that the Supreme Court took the trouble to clarify

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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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