Coursework.Info - Inspiration in an Instant

On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:

Introduction: Co-habitees who separate have traditionally not been afforded the same level of legal protection as divorcing couples. However, recent decisions have made significant steps towards restoring the balance, in particular where co-habitees had settled in long-term relationships. Whilst Oxley v Hiscock offers a welcome clarification of the development of the law concerning constructive trusts, it also highlights the difficulties in calculating the size of beneficial shares with any certainty in the lack of express discussion between the parties. In following Oxley, the court is now obliged to consider what is "fair" having regard to the whole course of conduct between the parties. What this case did not do however was to broaden the conditions in which a common intention constructive trust arises. This explanation of the Oxley case has been affirmed in Lightfoot v Lightfoot-Brown by the Court of Appeal where Arden L.J held that "it is in my judgment quite clear...

To see the full version of this document, and 145,348 others