Marilyn Stowe Blog

Kernott v Jones on BBC Breakfast

Earlier today I appeared on BBC Breakfast, to discuss the Supreme Court’s ruling in Kernott v Jones. Accompanying me on the sofa was Patricia Jones, whose appeal against the decision to award her former partner half the value of their jointly-owned property was upheld by the five Supreme Court justices who heard the case.

My previous posts about Kernott v Jones:

What the Kernott v Jones judgment means for cohabiting couples – a look at the implications of the Supreme Court’s decision for everyday families, along with the Supreme Court’s press summary.

Kernott v Jones in the Supreme Court: what you need to know – I wrote this post the day before the Supreme Court handed down the ruling, predicting the case’s outcome (correctly, as it turned out). This post is lengthy, but aims to provide a breakdown of the legal arguments for lawyers and non-lawyers alike.

Kernott v Jones: a case of square pegs and round holes – when the case was heard by the Supreme Court, back in May 2011, I argued that rigid and outdated property law was ill-equipped to regulate the end of a cohabitating relationship that had been every bit as financially complex as a marriage.

Of course, I am not the only lawyer to have blogged about Kernott v Jones this week. For those with an interest in the case, here are some different perspectives, including two from property lawyers:

Nearly Legal | Jones v Kernott: Ending the big debate? – “My hope is that this line of cases will somehow re-connect the law with everyday life to the extent that is possible.  It will undoubtedly lead to more litigation.”

Family Law | Hayley Trim’s Analysis – “I wonder how many judgments we will now see saying ‘I infer from the parties’ conduct that they intended that they would share the property in these shares. And in the alternative, even if it is not possible to infer such an intention, it is fair having regard to the whole course of dealing in relation to the property to impute such an intention to them.’ Probably quite a few.”

Law and Lawyers | Cohabitation: what about the house? Part 2 – “It is to be hoped that Jones v Kernott will have added some clarity to the law but statutory reform is urgently needed.”

Rowena Meager’s Property Law Blog | Jones v Kernott (Round 4) - “I read the Supreme Court’s judgment with a sense of disappointment.”

Related posts:

  1. What the Kernott v Jones judgment means for cohabiting couples
  2. Kernott v Jones: a case of square pegs and round holes
  3. Kernott v Jones in the Supreme Court: what you need to know
  4. Cohabitation on BBC Radio 4 Woman’s Hour
  5. WWGJD? What Would Grace Jones Do?

3 Comments

  1. Marilyn Stowe on November 11, 2011 at 6:54 pm

    And this is by far and away the best commentary I’ve seen yet.
    The brilliant John Wilson QC and Prof Rebecca Bailey Harris:-
    http://www.familylawweek.co.uk/site.aspx?i=ed89478

    Enjoy!

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About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 25 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK.

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Note

I write for the benefit of those who are experiencing family breakdown and for fellow family law professionals. Please note that all persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients.

Please also note the advice I give in each scenario must not be relied upon by anyone reading my blog. You must always take your own legal advice as your circumstances may be different and English family law is continually changing.

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