Palm tree justice
Sydenham, A.
Palm tree justice - 2004 - Farm Tax Brief 19(7) August/September 2004, 7-8(2) .
Discusses the case, "Oxley v Hiscock" ([2004] EWCA Civ 546, Abs 67871) where the property had been conveyed in the name of Oxley but with financial contribution from Hiscock on the understanding that he would acquire an interest in the property. Considers the approach the court took on the question of the extent of the share Mrs Oxley was entitled to when the relationship broke up and the house sold. The court took the discretionary family law approach as opposed to the more rigid property law approach. Concludes that property lawyers need to ensure that there was clear evidence of discussions showing it was the parties intention to share the ownership of the property and what was the size of the shares.
OXLEY V HISCOCK
BENEFICIAL INTEREST
SPRINGETTE V DEFOE
CONSTRUCTIVE TRUST
PROPRIETRY ESTOPPEL
Palm tree justice - 2004 - Farm Tax Brief 19(7) August/September 2004, 7-8(2) .
Discusses the case, "Oxley v Hiscock" ([2004] EWCA Civ 546, Abs 67871) where the property had been conveyed in the name of Oxley but with financial contribution from Hiscock on the understanding that he would acquire an interest in the property. Considers the approach the court took on the question of the extent of the share Mrs Oxley was entitled to when the relationship broke up and the house sold. The court took the discretionary family law approach as opposed to the more rigid property law approach. Concludes that property lawyers need to ensure that there was clear evidence of discussions showing it was the parties intention to share the ownership of the property and what was the size of the shares.
OXLEY V HISCOCK
BENEFICIAL INTEREST
SPRINGETTE V DEFOE
CONSTRUCTIVE TRUST
PROPRIETRY ESTOPPEL