Latest updates
- Husband's appeal against the refusal of a stay of the wife's applications under ToLATA in respect of the parties' former matrimonial home, and under Schedule 1 of the Children Act 1989 for a school fees order and child maintenance, was dismissed. Judgment, 13/11/2018, free
- In brief: An unsuccessful attempt by the wife (“W”) to establish a 50% interest in a property solely owned by the husband (“H”) which was subject to an order for sale in proceedings instigated by H’s creditor. The court was unconvinced by the evidence presented including a declaration of trust allegedly signed in 2003 which the judge found “bore the hallmarks” of having been created much more recently Judgment, 26/10/2018, free
- In a tweet: Court has power to order sale of property to one beneficiary Judgment, 06/08/2018, free
- Appeal against refusal to find that the claimant had paid £600 towards the purchase of a house in 1959 that has since been occupied by his sister and her husband. Appeal dismissed. The burden of proof lay with the claimant that he had made the payment but the trial judge rightly concluded there was insufficient evidence to substantiate that claim. Judgment, 27/03/2018, free
- Lord Neuberger's At A Glance Conference Keynote Speech News, 18/07/2017, free
Latest know-how
- In a tweet: Court has power to order sale of property to one beneficiary Case note, 06/08/2018, members only
- In a tweet: "Unique" TLATA case brought decades after the purchase and where direct evidence was thin on the ground Case note, 15/05/2018, members only
- In a tweet: Equitable accounting exercise carried out after H's bankruptcy Case note, 11/05/2017, members only
- In a tweet: Court of Appeal considers scope of exclusive jurisdiction provision in 2001 Brussels Regulation Case note, 12/01/2017, members only
- Appeal against a decision giving the mother permission to amend her pleadings in pending litigation in family proceedings to include a reference to a document in respect of which the father claimed privilege. Case note, 19/03/2015, members only
Latest training
- Christopher Wagstaffe QC, 29 Bedford Row, addresses three main questions which arise in TLATA claims, quite apart from any Schedule 1 considerations. Webcast, 07/04/2014, members only
- Watch a recording of the webinar, first broadcast on 14 March 2013. Webcast, 18/03/2013, members only