Podcast Location:
Download it here [file size: 28.6 MB]
Categories:
Family Law
Real Estate & Property Law
Remedies & Enforcement
Property Litigation
CPD Points:
Up to 1 point. details »

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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 cohabitation lawyers and discusses the issue of remedies following a dispute over the co-ownership of a property. The podcast will examine the case of Jones v Kernott and then go on to assess the different means to liquidate a property between the co-owners using an order for sale. The podcast also examines the principles of equitable accounting that may be used to level up or down the parties’ respective entitlements to the sale proceeds.

Outcomes:
After completing the course you will:
  • Know about the issues in Kernott v Jones and how it may impact upon the law of cohabitation;
  • Know the relevant factors that will influence the court when considering an order for sale;
  • Know the types of order for sale available and when each may be appropriate;
  • Understand the rules of equitable accounting in TOLATA claims;
  • Understand the circumstances in which it may be appropriate to give credit for an occupational rent;
  • Know who is entitled to claim an occupational rent;
  • Understand the right to recover or occupy the property.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Kernott v Jones [2010] EWCA Civ 578;
  • Trust of Land & Appointment of Trustees Act 1996 s 15, 12, 13(7);
  • Stack v Dowden [2007] UKHL 17;
  • Oxley v Hiscock [2004] EWCA Civ 546;
  • Mortgage Corporation Ltd v Shaire and Another [2000] 1 FLR 973;
  • Drake v Whipp [1996] 1 FLR 826;
  • Murphy v Gooch [2007] EWCA Civ 603;
  • Clarke v Harlowe [2005] EWHC 820 (Ch);
  • Wilcox v Tait [2006] EWCA Civ 1867;
  • Re Pavlou [1993] FLR 751;
  • Rodway v Landy [2001] EWCA Civ 471;
  • Chan Pui Chun v Leung Kam Ho [2002] EWCA Civ 1075;
  • Omotajo v Omotajo [2008] EWHC (QB);
  • CPR Part 55.
Tags:

This podcast with experienced family and property barrister Richard Tambling looks at the remedies available in cohabitation cases and some of the issues that can arise when dividing up the proceeds of a shared home with reference to the existing case law.

Podcast added: 25/08/2011

Podcast last reviewed: 2012-07-30

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