Hudson (claimant/appellant) v Hathaway (defendant/respondent)
Tuesday 22 – Wednesday 23 November 2022
Second appeal. By Appellant’s Notice filed on 8/4/22, the Claimant (C) appeals against the order made by Kerr J on 21/3/22 dismissing C’s appeal from the order of HHJ Raiton in County Court at Bristol.
The appeal concerns the equitable ownership of a family house brought in joint names, initially with equal ownership rights, where the unmarried parties later separate.
Must a party claiming a subsequent increase in her equitable share necessarily have acted to her detriment?
Or does a common intention alone suffice to later the beneficial shares? If the former, was HHJ Ralton right to decide that the requirement of detriment was met?