Wednesday, November 02, 2011

Kernott v Jones judgment to be handed down next week

Excuse me while I faint, but Family Law Week has just reported that the long-awaited Supreme Court judgment in Kernott v Jones is to be handed down next Wednesday, the 9th November. Ironically, I found the story literally seconds after checking the Supreme Court website for the umpteenth time to see whether a date had yet been fixed, but there was no mention of it on the case details page - as usual, the plebs get to hear about these things last.

To recap (from the case details), the issue is:
Whether a court can properly infer an agreement by an unmarried couple, who hold a property in equal shares at the date of their separation, to the effect that thereafter their respective beneficial interests should alter.
And the facts of the case are:
In 1983 the appellant and respondent started co-habiting in the appellant’s home, and went on to have two children together, in 1984 and 1986. In May 1985 the parties purchased a property in joint names, using the proceeds of sale from the appellant’s home and taking out a joint mortgage for the balance. They lived there together until they separated in 1993. The respondent then moved out and purchased another property. He made no further contribution to the payment of the mortgage on or to the upkeep of the property, or to the outgoings. In 2006 the respondent sought to realise his share of the property and in 2008 severed the joint tenancy. The appellant issued proceedings to determine the parties’ respective beneficial interests. The judge held that the appellant had a 90% share and the respondent 10%. This finding was overturned by the Court of Appeal which held that the property was held in equal shares by each party.
Bet you can't wait until next Wednesday!

11 comments:

  1. word on the street is that it ain't gonna change shit! (that's legal talk) it will also contain a swift distancing from any faff about 'ambulatory' intentions. also perhaps some fudge using equitable accounting. ya heard it here first.
    i will now have to kill you.

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  2. preferred method? i always think 'with kindness' is fun.

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  3. tho i can't afford to drown you in chateau haut brion. sorry. this is partly because some arse of a legal advisor would not stamp my legal aid forms one saturday so i have now learned i wasted my saturday for nothing. bastards. i won't be doing that again - will spend time with my kids instead.

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  4. for my kids, you mean? yes, probably!

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  5. I'm anxiously awaiting this verdict!!

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  6. Do you know what time the decision is being released - my final court case which is quite similar was adjourned since September until the decision of this case is heard!!!! agony all this waiting!!!!

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