Category Archives: Equity

Just Deserts? Unjust Enrichment in the Family Context

 In the aftermath of many family relationship breakdowns, second only to complaints about bad behaviour, a pervasive sentiment arises: one party believes they have invested or contributed disproportionately to the family economy, family assets or businesses, leading to perceived unfairness. Whilst statute provides a framework within which such considerations can be evaluated and reflected in […]

Detrimental reliance and the dangers of emails: Hudson v Hathway [2022] EWCA Civ 1648

  The Court of Appeal’s decision in Hudson v Hathway [2022] EWCA Civ 1648  is arguably the most important decision on the subject of constructive trusts of the family home since the House of Lords decided Stack v Dowden [2007] UKHL 17. The decision brings clarity to an area of law that is notoriously nebulous. As […]

When undue influence and mutual wills collide: Naidoo v Barton [2023] EWHC 500 (Ch)

Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the […]

Curing defectively executed deeds of appointment: English & Ors v Keats & Ors [2018] EWHC 673 (Ch)

One of the joys, in my view, of a Chancery practice, is dusting off principles of ancient standing and applying them to solve modern problems. This case concerns defectively executed deeds that purported to exercise powers of appointment contained within three settlements. The High Court in English & Ors v Keats & Ors [2018] EWHC […]