Jones v Kernott: Inferring and imputing in Essex

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Date
2012-03
Authors
Mee, John
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Publisher
Sweet & Maxwell
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Abstract
Comments on the Supreme Court decision in Jones v Kernott [2011] UKSC on the respective shares in the family home of former cohabitees some years after the breakdown of their relationship. Examines the facts of the case and considers whether the right result was achieved on the facts, given the trial judge's basis for inferring a common intention that the beneficial interests would differ from the legal title and the mathematics underlying the decision. Discusses the significance of the case in relation to the concepts of inference and imputation, and the remaining areas of uncertainty. Criticises the artificial approach to inference favoured by the majority of the United Kingdom Supreme Court in the case.
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Keywords
Law , Law of Trusts , Property Law , Cohabitation , Family Property Law , UK Supreme Court , Constructive trusts , Common intention
Citation
Mee, J. (2012) 'Jones v Kernott: Inferring and imputing in Essex', The Conveyancer and Property Lawyer, 76(2), pp. 167-180.
Link to publisher’s version
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2041165
URI
https://hdl.handle.net/10468/15621
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Law - Journal Articles
Copyright
© 2012, Sweet & Maxwell, part of Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in The Conveyancer and Property Lawyer following peer review. The definitive published version [Mee, J. (2012) 'Jones v Kernott: Inferring and imputing in Essex', The Conveyancer and Property Lawyer, 76(2), pp. 167-180] is available online on Westlaw UK.