Comments on: Beneficial Interests in the Family Home: The Rot Sets In http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/ Barrister & Property Law Lecturer Fri, 23 Jul 2010 09:52:03 +0000 hourly 1 http://wordpress.com/ By: Beneficial Interests in Jointly Owned Property: Kernott v Jones (Round 3) « Rowena Meager's Property Law Blog http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-131 Beneficial Interests in Jointly Owned Property: Kernott v Jones (Round 3) « Rowena Meager's Property Law Blog Fri, 28 May 2010 09:34:26 +0000 http://rowenameager.com/?p=105#comment-131 [...] in the case of Kernott v Jones [2010] EWCA Civ 578. I wrote about the decision of the lower courts here, having been left with a distinctly uneasy feeling about the way in which the authorities were [...] [...] in the case of Kernott v Jones [2010] EWCA Civ 578. I wrote about the decision of the lower courts here, having been left with a distinctly uneasy feeling about the way in which the authorities were [...]

]]> By: Imputed fairness? « FreeLegalWeb http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-103 Imputed fairness? « FreeLegalWeb Tue, 02 Mar 2010 12:06:16 +0000 http://rowenameager.com/?p=105#comment-103 [...] is difficult enough where one is examining the whole course of dealing (and there are plenty, like Rowena Meager, who side with Lord Neuberger in his opposition to the very idea of imputing intention), but where [...] [...] is difficult enough where one is examining the whole course of dealing (and there are plenty, like Rowena Meager, who side with Lord Neuberger in his opposition to the very idea of imputing intention), but where [...]

]]> By: New Mortgage Info » Blog Archive » Beneficial Interests in the Family Home: The Rot Sets In « Rowena … http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-36 New Mortgage Info » Blog Archive » Beneficial Interests in the Family Home: The Rot Sets In « Rowena … Sun, 09 Aug 2009 13:22:17 +0000 http://rowenameager.com/?p=105#comment-36 [...] RM wrote an interesting post today onBeneficial Interests in the Family Home: The Rot Sets In « Rowena <b>…</b>Here’s a quick excerpt [...] [...] RM wrote an interesting post today onBeneficial Interests in the Family Home: The Rot Sets In « Rowena <b>…</b>Here’s a quick excerpt [...]

]]> By: NL http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-29 NL Tue, 28 Jul 2009 19:19:31 +0000 http://rowenameager.com/?p=105#comment-29 Our post finally up. I am less concerned about 'Stack' style 'imputing' of intention than you, but the portable palm tree of 'fairness' in this case worries me, and, like you, I find it hard to see on what basis a 90/10 split was arrived at. Our post finally up. I am less concerned about ‘Stack’ style ‘imputing’ of intention than you, but the portable palm tree of ‘fairness’ in this case worries me, and, like you, I find it hard to see on what basis a 90/10 split was arrived at.

]]> By: Fair but not inferred? | Nearly Legal http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-28 Fair but not inferred? | Nearly Legal Tue, 28 Jul 2009 19:14:06 +0000 http://rowenameager.com/?p=105#comment-28 [...] is difficult enough where one is examining the whole course of dealing (and there are plenty, like Rowena Meager, who side with Lord Neuberger in his opposition to the very idea of imputing intention), but where [...] [...] is difficult enough where one is examining the whole course of dealing (and there are plenty, like Rowena Meager, who side with Lord Neuberger in his opposition to the very idea of imputing intention), but where [...]

]]> By: RM http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-27 RM Mon, 27 Jul 2009 20:11:14 +0000 http://rowenameager.com/?p=105#comment-27 Oh dear - sounds like the pressure is getting to you :-) I do recall ... that you used to be an academic that is. I'm sure you have no regrets ;-) I'll look forward to your post ... in the early hours eh?! Oh dear – sounds like the pressure is getting to you :-) I do recall … that you used to be an academic that is. I’m sure you have no regrets ;-) I’ll look forward to your post … in the early hours eh?!

]]> By: NL http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-26 NL Mon, 27 Jul 2009 18:55:11 +0000 http://rowenameager.com/?p=105#comment-26 I used to be an academic, if you recall. I know how the time gets filled in, but as I am sweating under getting half a dozen witness statements, two applications, two Tomlin Orders, a letter before claim and a particulars of claim, as well as assorted tricky correspondence, out of the way by the end of Thursday, my sympathy is limited ;-) I swear loudly when the telephone rings. The case was only on Lawtel today! I can't do day time posts. (Bloody academics...). Hopefully have something up this evening. I used to be an academic, if you recall. I know how the time gets filled in, but as I am sweating under getting half a dozen witness statements, two applications, two Tomlin Orders, a letter before claim and a particulars of claim, as well as assorted tricky correspondence, out of the way by the end of Thursday, my sympathy is limited ;-) I swear loudly when the telephone rings.

The case was only on Lawtel today! I can’t do day time posts. (Bloody academics…). Hopefully have something up this evening.

]]> By: RM http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-25 RM Mon, 27 Jul 2009 16:38:12 +0000 http://rowenameager.com/?p=105#comment-25 Long academic holidays?!?! I should be so lucky! Buckingham's 2 year degree means 4 terms - I am now in Week 3 of the summer term - no leisurely perusal and contemplation of the law reports for me! I should tip my hat to <a href="http://www.familylore.co.uk/" rel="nofollow">John Bolch</a> on this one - it was his <a href="http://www.familylorefocus.com/" rel="nofollow">Family Lore Focus</a> which tipped me off about this particular case which had previously escaped my attention. I'll look forward to reading your post about it... RM :-) Long academic holidays?!?! I should be so lucky! Buckingham’s 2 year degree means 4 terms – I am now in Week 3 of the summer term – no leisurely perusal and contemplation of the law reports for me! I should tip my hat to John Bolch on this one – it was his Family Lore Focus which tipped me off about this particular case which had previously escaped my attention. I’ll look forward to reading your post about it… RM :-)

]]> By: Nearly Legal http://rowenameager.com/2009/07/27/beneficial-interests-in-the-family-home-the-rot-sets-in/#comment-24 Nearly Legal Mon, 27 Jul 2009 16:30:28 +0000 http://rowenameager.com/?p=105#comment-24 Damn, you've beaten us to it ;-) I blame those long academic holidays. An interesting case and I think I agree with your conclusion. Inferring a common intention is one thing, and may, of course, involve considering conduct in the light of fairness, but the court just making it up is something altogether different. Our version will be along in a bit... Damn, you’ve beaten us to it ;-) I blame those long academic holidays.

An interesting case and I think I agree with your conclusion. Inferring a common intention is one thing, and may, of course, involve considering conduct in the light of fairness, but the court just making it up is something altogether different.

Our version will be along in a bit…

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