By Pete Littlewood, Partner

The Supreme Court has made great inroads in finally resolving how the Courts should approach determination of shares in jointly owned property between unmarried co-owners where there is no express intention as to the shares they respectively own.

The Supreme Court Judgment reminds us that Courts are not simply there to administer the Law but they are there to dispense Justice.  The discourse in the Judgments of Lord Walker and Lady Hale as to the differences between what may be inferred and what may be impugned are to my mind somewhat obsolete in the modern world.  The Judgments of both Lord Kerr and Lord Collins appear to indicate that the Court should strife to ascertain what may be inferred as the intention of the parties though analysis of the whole course of dealings between then thereafter seek to achieve a fair and just outcome rather than have the Court striving to impugn anything in relation to the parties intentions.

What is clear however is that the Supreme Court has clarified the uncertainties which the House of Lords had created subsequent to the case of Stack –v- Dowden.  For this alone we should be thankful to both the Supreme Court and of course Ms Jones and Mr Kernott and their no doubt limited resources to bring this matter to a the UK’s highest Court.

To speak to Pete Littlewood about any family problems that you may have please call 01625 585404 (Alderley Edge) or email pete.littlewood@chafes.co.uk