Generic selectors
Exact matches only
Search in title
Search in content
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment
By Dave
09/11/2011

Jones v Kernott: The Headline

I’ve got parental duty so can’t do a full note on Jones v Kernott [2011] UKSC 53 now.  The headlines, though, are:

(a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated;

(b) the UKSC agree on the outcome but there is disagreement on the principles (esp Lord Wilson with Lord Kerr somewhere between);

(c) the majority, in essence, follow Stack but, it might be said, with a slight change of emphasis or, more politely, with more explanation about inferring/imputing shares;

(d) Lord Walker and Baroness Hale, who gave a joint judgment, engage with academic commentary on Stack.  The key paragraph in their judgment may come to be seen as the summary of the relevant principles at [52] but it will need to be remembered that this is a summary and that the meat is in the rest of the judgment.

More later tonight, hopefully …

 

 

0 Comments

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.