i-law

Trusts and Estates

Cohabitation rights and the common intention constructive trust

This article addresses the contentious subject of property rights for cohabitants in England and Wales, and in the particular the Cohabitation Rights Bill, a private members’ bill starting in the House of Lords which had its second reading on..
Online Published Date:  11 July 2019
Appeared in issue:  Vol 33 No 05 - 10 July 2019

“Buckton one” is alive and kicking

The modern approach to dispute resolution is to discourage parties from ending up in court. One of the ways in which this has been implemented is through an increased tendency to order the losing party to pay the winner’s costs. The risk of..
Online Published Date:  11 July 2019
Appeared in issue:  Vol 33 No 05 - 10 July 2019

Dispute resolution and absence of consent

The issue in Lomax v Lomax [2019] EWHC 1267 (Fam) was whether the court could order an early neutral evaluation or financial dispute resolution (FDR) hearing pursuant to CPR r 3.1 (2) (m) in the absence of consent from both parties. The..
Online Published Date:  11 July 2019
Appeared in issue:  Vol 33 No 05 - 10 July 2019

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