Oxley v Hiscock in the Court of Appeal: the search for principle continues [2005] CFLQ 259

For more than 50 years the English courts, in particular the House of Lords and the Court of Appeal, have been striving to reach a satisfactory and sustainable theory on which to base the inference and quantification of a share in family property, typically the family home. The latest attempt is the decision of the Court of Appeal in Oxley v Hiscock. The facts were relatively simple, but they led to a lengthy and complex legal analysis.