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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 20 September 2021

July 2007

July 2007

High Road, Low Road

Chapter:
(p.175) Commentary No 33: July 2007
Source:
Professor Norrie's Commentaries on Family Law
Author(s):

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0033

Discusses the English House of Lords decision of Stack v Dowden [2007] 2 AC 432 which was a claim for property division between ex-cohabitants. The case was decided under the common law since England lacks the legislation that Scotland has in the Family Law (Scotland) Act 2006. Title was in joint names but the claimant sought a division of the property other than 50-50. The House of Lords discusses the underlying principles to deal with such a claim. The commentary also discusses two Scottish claims that are made under the concept of unjustified enrichment

Keywords:   Proprietary rights between cohabitants, Presumptions of sole or equal ownership, Unjustified enrichment claims, Family Law (Scotland) Act 2006

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