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

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

05 JUN 2007

Stack v Dowden

Alexander Chandler, Barrister, 1 Garden Court, Temple. The final Law Commission report on the law relating to cohabitee disputes is not due until August 2007, and any legislative reform will follow some time after that. In the meantime, the House of Lords ruling in Stack v Dowden [2007] UKHL 17, [2007] FLR (forthcoming) provides some assistance to those navigating this potentially complex territory, setting out a number of important guidelines for all cohabitee disputes. This includes the applicable starting points and a revision of the Oxley v Hiscock [2004] EWCA Civ 546, [2004] 2 FLR 669 approach to be taken as to quantification in constructive trust cases. This article extracts the core reasoning applied by the House of Lords to reach the result in Stack v Dowden, including the contrasting approach of Lord Neuberger, who preferred the long established principles of the resulting trust. The guidance offered by the Lords is summarised here in a useful digest for practitioners. For the full article see June [2007] Fam Law.

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Subscribe to our newsletters