Podcast Location:
Download it here [file size: 24.7 MB]
Categories:
Family Law
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 those interested in cohabitation law. It aims to explore some of the concepts that have to be grapple with following Jones v Kernott and what impact the case is likely to have on litigation and advice to clients.

Outcomes:
After completing the course you will:
  • Understand whether Jones v Kernott is a case concerning ‘qualification’ or ‘quantification’;
  • Be aware of the important distinction between ‘inferring’ and intention and ‘imputing’ an intention;
  • Understand at what part in the analysis ‘imputation’ can be used in a cohabitation claim;
  • Understand how it can be said there has been an agreement to change the shares in the property if there is no agreement as to what those altered shares are to be;
  • Know to what extent the Supreme Court has allowed in the concept of an ambulatory constructive trust;
  • Understand the potential for Schedule 1 issues to bleed into cohabitation disputes;
  • Know what the higher court’s reluctance to challenge findings at first instance mean for advocates in terms of getting evidence out of witnesses at trial;
  • Understand the likely extent to which imputation will be used to resolve the dispute.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • Jones v Kernott [2011] UKSC 53;
  • Kernott v Jones [2010] EWCA Civ 578;
  • Oxley v Hiscock [2004] EWCA 546;
  • Lloyds Bank v Rosset [1991] 1AC 107;
  • Stack v Dowden [2007] UKHL 17;
  • Thorner v Major [2009] UKHL 18.
Tags:

This podcast is another fascinating analysis of the practical impact of the Supreme Court decision of Jones v Kernott (2011) which has significant implications for the law on cohabitees rights.

Podcast recorded: 30/01/2012

Start this CPDcast Activity

© CPDcast.com