Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

09 SEP 2015

Cohabitee beneficial interests: Curran v Collins (£)

Cohabitee beneficial interests: Curran v Collins (£)
Don McCue, Barrister, 11 Stone Buildings

The Court of Appeal in this 'sole name' case did not take the opportunity to review the Lloyds Bank vs Rosset threshold test in sole name cases, despite recent indications in the Supreme Court that it should be revisited. The trial judge had correctly applied the law as it stands; the appeal was based on criticisms of the judge’s findings of fact which the Court of Appeal held were without merit. Consequently the Court was able to, and did, dismiss the appeal without reviewing the Rosset tests.

However the Court did consider the principles applicable to establishing a beneficial interest by inference from an excuse. Comparison of the judgments with the classic excuse cases of Eves vs Eves [1975] 1 WLR 1338 and Grant vs Edwards [1986] 1 Ch 638 reveals a possible distinction between an excuse containing an express representation – 'it would be in our joint names except for…' and one which does not – 'it is not in joint names because ...'

The current status of the Rosset threshold test is considered. It is suggested that the courts should now sanction imputation, not just inference; and that if they did so the difficulties of the Rosset tests would fade away.

The full version of this article appears in the September 2015 issue of Family Law.

Online subscribers can access the full version of the article here.

For details on how you can subscribe to Family Law or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email:sales.manager@jordanpublishing.co.uk
Journal of International Tax, Trust and Corporate Planning

Journal of International Tax, Trust and Corporate Planning

"An invaluable source of succint articles that are always currently relevant and contain the ...

Available in Private Client Law Online
International Trust Laws

International Trust Laws

"An authoritative but easy-to-use guide for the general and specialist practitioner; the...

More Info £1,220.00
Available in Private Client Law Online
Subscribe to our newsletters