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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Cohabitation Claims: Law, Practice and Procedure 2nd ed isbn 9780955283468

Cohabitation Claims: Law, Practice and Procedure


ISBN13: 9780955283437
New Edition ISBN: 9780955283468
Published: April 2009
Publisher: Lime Legal Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print



A continuing decline in the marriage rate has led to an increasing number of disputes between unmarried couples, whether of the same or different sexes, and a shift in the workload of both family lawyers and civil litigators.

To advise clients appropriately, family law practitioners, familiar with the discretionary jurisdiction applicable to ancillary relief proceedings, and civil practitioners will have to master new challenges, including:

  • How will a client establish or defeat a beneficial interest in property?
  • How can such an interest be quantified?
  • What is the procedure?
  • How can it best be employed to advance the client’s case?
In this authoritative text, John Wilson, an expert in the field, provides an immensely thorough explanation of the law, practice, evidential requirements and procedure that underpin cohabitation claims. The author offers invaluable help in the tasks of establishing quantifying and pursuing the claim. The work also includes full coverage of claims under Schedule 1 to the Children Act 1989, another area of increasing importance but which for many lawyers remains unfamiliar territory.

Subjects:
Property Law, Family Law
Contents:
Foreword by the Rt Hon Lord Justice Ward;
A Brief Introduction to Land Law;
Trusts of Land and Appointment of Trustees Act 1996;
Trusts and Co-ownership;
Establishing the Existence of a Beneficial Interest;
Equitable Accounting;
Land Registration;
Undue Influence, Fraud, Duress and Mistake;
Bankruptcy;
Sham Trusts and Illegality;
Ancillary Relief and the Law of Trusts;
Claims under Schedule 1 to the Children Act 1989;
Cohabitation Agreements;
The Civil Procedure Rules and the Pre-action Protocols;
Issuing and Defending Proceedings;
Costs and Part 36 Offers;
Dealing with the Client;