cohabitation – Page 4 – Current Awareness

Our House, in the middle of … Ambridge: Rogers v Burns – Tanfield Chambers

Posted August 22nd, 2017 in cohabitation, estoppel, housing, matrimonial home, news by sally

‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’

Tanfield Chambers, 20th July 2017

Source: www.tanfieldchambers.co.uk

Privy Council: ‘fairness’ central to whether evidence must be put to party at trial – OUT-LAW.com

Posted August 21st, 2017 in cohabitation, cross-examination, evidence, news, Privy Council, shareholders by sally

‘The question of whether a case will fall if a judge rejects a party’s evidence on grounds which that party has not had a chance to explain during the trial should be based on whether the overall trial is fair, senior UK judges have indicated.’

OUT-LAW.com, 18th August 2017

Source: www.out-law.com

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

Thank you, Lady Hale, for shifting the supreme court’s view on marriage – The Guardian

Posted February 9th, 2017 in appeals, cohabitation, married persons, news, pensions, women by sally

‘Protecting the financial rights of unmarried parents will matter not just to women but to the one in three children born to parents who aren’t married.’

The Guardian, 8th February 2017

Source: www.guardian.co.uk

Unmarried woman wins pension battle – BBC News

Posted February 8th, 2017 in appeals, cohabitation, human rights, marital status discrimination, marriage, news, Northern Ireland, pensions, Supreme Court by tracey

‘A woman who lost her long-term partner has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

BBC News, 8th February 2017

Source: www.bbc.co.uk

High Court calls for change in bereavement law to benefit cohabitees – The Guardian

Posted September 22nd, 2016 in accidents, bereavement, cohabitation, damages, news by sally

‘Under the Fatal Accidents Act 1976 those who live together but are not married are not entitled to damages for bereavement. The High Court has found that though this did not directly engage the right to family life and privacy under Article 8, the difference in treatment between cohabitees and those who were married or in a civil partnership could not be justified and consideration should be given to reforming the law.’

The Guardian, 21st September 2016

Source: www.guardian.co.uk

Finance and Divorce Update August 2016 – Family Law Week

Posted August 19th, 2016 in children, cohabitation, divorce, financial provision, marriage, news, paternity by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during July 2016.’

Family Law Week, 7th August 2016

Source: www.familylawweek.co.uk

Bereavement damages: Unmarried Chorley woman’s legal fight – BBC News

Posted May 23rd, 2016 in bereavement, cohabitation, compensation, damages, equality, human rights, interpretation, negligence, news, widows by sally

‘A woman is taking the government to court for breaching her human rights in denying her bereavement damages after her partner died.’

BBC News, 22nd May 2016

Source: www.bbc.co.uk

Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

BBC News, 16th February 2016

Source: www.bbc.co.uk

Grandmother who lived with partner until his death wins High Court battle after his estranged wife inherited half their home – Independent

Posted February 17th, 2016 in bereavement, cohabitation, costs, financial provision, married persons, matrimonial home, news, wills by michael

‘A grandmother who lived with her partner for almost two decades until his death has won a High Court battle after his estranged wife inherited half their home.’

Independent, 16 February 2016

Source: www.independent.co.uk

Divorce rate at lowest level in 40 years after cohabitation revolution – Daily Telegraph

Posted November 24th, 2015 in cohabitation, divorce, marriage, news, statistics by sally

‘Younger couples who marry now more likely to stay together past seven year itch than their parents’ generation suggesting ‘living in sin’ makes marriage stronger.’

Daily Telegraph, 23rd November 2015

Source: www.telegraph.co.uk

Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

Posted April 20th, 2015 in appeals, cohabitation, families, family courts, financial dispute resolution, illegality, Law Commission, news by sally

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

‘In The Alternative’: Proprietary Estoppel in Cohabitation Cases – The Impact of the Decision in Blackburn v. Southwell – No. 5 Chambers

Posted April 7th, 2015 in appeals, cohabitation, constructive trusts, estoppel, news by sally

‘Last summer the case of Southwell v Blackburn came before the Court of Appeal. The subject of the appeal was the correct application of the equitable remedy of proprietary estoppel within the context of a cohabiting couple. Judgment was handed down on 16th October 2014 (reported under [2014] EWCA Civ 1347) and was subsequently described in the national press as a ‘landmark ruling’ in relation to the rights and entitlements of unmarried couples when their relationships come to an end. This article examines whether the decision has in fact moved the law on in such seismic terms.’

No. 5 Chambers, 1st April 2015

Source: www.no5.com

Bring in blame-free divorces and rights for cohabitants, says law body – The Guardian

Posted February 23rd, 2015 in children, cohabitation, dispute resolution, divorce, equality, news by sally

‘Blame-free divorces and fairer property rights for cohabiting couples should be introduced as a matter of urgency, a leading family law organisation has urged.’

The Guardian, 23rd February 2015

Source: www.guardian.co.uk

Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

Posted February 11th, 2015 in appeals, benefits, child support, children, cohabitation, costs, debts, disabled persons, families, family courts, housing, married persons, news, statistics by sally

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

Full story

Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

‘Milestone tax breaks’ idea for married couples who stay together longer – Daily Telegraph

Posted January 12th, 2015 in children, cohabitation, judges, marriage, news, taxation by sally

‘Former High Court family judge Sir Paul Coleridge calls for couples to be given extra tax breaks after passing landmark wedding anniversaries to encourage family stability.’

Daily Telegraph, 10th January 2015

Source: www.telegraph.co.uk

Conscious Re-coupling and Succession – Nearly Legal

Posted December 15th, 2014 in appeals, cohabitation, delay, housing, human rights, judicial review, landlord & tenant, local government, news by tracey

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk/blog/

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