Podcast Location:
Download it here [file size: 35.5 MB]
Categories:
Family Law
Property Litigation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners with an interest in cohabitation claims either from a familial or property perspective. It will review the current state of the law (currently in the shadow of the pending Supreme Court decision in Kernott v Jones. The podcast aims to assist practitioners to analyse the prospects of a client’s case and also identify areas where practitioners would be wise to exercise caution.

Outcomes:
After completing the course you will:
  • Understand the significance of the distinction between qualification and quantification in cohabitation claims;
  • Be aware of the different approach adopted by the courts where the claim is in a domestic or commercial context;
  • Have a working definition of a resulting, constructive and implied trust;
  • Understand the judicial tussle between an approach to constructive trusts based on fairness or shared intention;
  • Appreciate the continuing relevance of Lloyds Bank v Rossett;
  • Be aware of the continuing debate following Stack v Dowden as to the correct approach practitioners should adopt when advising in a cohabitation claim;
  • Be aware of some of the major cases since Stack v Dowden and what they tell us about the direction of travel adopted by the judges;
  • Understand the significance of contributions – whether monetary or other measure.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Stack v Dowden [2007] UKHL 17;
  • Lloyds Bank v Rosset [1991] 1AC 107;
  • Oxley v Hiscock [2004] EWCA 546;
  • Trusts of Land and Appointment of Trustees Act 1996;
  • Abbott v Abbott [2007] UKPC 53;
  • Fowler v Barron [2008] 2 FLR 831;
  • Kernott v Jones [2010] EWCA Civ 578;
  • James v Thomas [2008] 1 FLR 121;
  • Walsh v Singh [2010] 1 FLR 1658;
  • Parris v Williams [2008] EWCA Civ 1147;
  • Laskar v Laskar [2008] EWCA Civ 347.
Tags:

This podcast is about resulting and constructive trusts in co-habitation claims. This is an extremely complicated area of the law with numerous overlapping (and sometimes contradictory) statements and approaches from the courts. The podcast will take a review of the case law in the area since Stack v Dowden.

Podcast added: 01/06/11

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