What's Your Angle? - Resulting & Constructive Trusts in Cohabitation Disputes
- Podcast Location:
- Download it here [file size: 35.5 MB]
- Categories:
-
Residential Property
- CPD Points:
- Up to 1 point. details »
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- 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
- 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.
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
