Podcast Location:
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Categories:
Family Law
Residential Property
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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 family and property practitioners, specifically those with an interest in cohabitation rights and the disputes that arise over property following separation. The podcast will explore the Supreme Court’s ruling in Jones v Kernott, addressing the main issues raised in the litigation and how their Lordships dealt with them. The podcast will also explore what implications the decision has for the law on cohabitants’ rights and what lawyers will be able to advise their clients. Part one of this podcast mini-series focused on the facts in Jones v Kernott and began setting out some of the conceptual problems with ‘imputation’ an intention. Part 2 will begin by exploring in more depth the concept of an ambulatory constructive trust and go on to review some of the practical implications of this important ruling.

Outcomes:
After completing the course you will:
  • Understand the difficulty in a court attempting to ‘impute’ an agreement that the parties were to share other than on the basis of 50:50;
  • Understand the importance of conduct when it comes to an informal agreement to alter a trust;
  • Understand the history of the recent case law on quantification of equitable shares and the role of ‘fairness’;
  • Know the role and continuing relevance of an express deed of trust or cohabitation agreement and whether they stand up to subsequent changes in circumstances;
  • Understand the role of equitable accounting when quantifying the parties’ equitable shares;
  • Be aware of the impact of Jones v Kernott in ‘sole name’ cases;
  • Know whether and how Jones v Kernott divides cohabitation lawyers.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Jones v Kernott [2011] UKSC 53;
  • Kernott v Jones [2010] EWCA Civ 578;
  • Stack v Dowden [2007] UKHL 17;
  • Gissing v Gissing [1970] UKHL 3;
  • Pettit v Pettit [1970] AC 777;
  • Lloyds Bank plc v Rosset [1991] 1 AC 10;
  • Jones v Kernott [2011] UKSC 53;
  • Murphy v Gooch [2007] EWCA Civ 603;
  • James v Thomas [2007] EWCA Civ 1212;
  • Goodman v Gallant (1986) 2 WLR 236;
  • Morris v Morris [2008] EWCA Civ 257.
Tags:

In this two-part CPDcast mini-series with matrimonial property barrister Michael Horton we explore the conceptual and practical implications of the Supreme Court’s landmark ruling in Jones v Kernott [2011] UKSC 53. This ruling is the latest and highest judicial consideration of the property rights of separated cohabitants following Stack v Dowden in 2007.

Podcast added: 16/01/12

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