Where is the case law on the doctrine of detrimental reliance and to a wider extent how does this impact the need for a change in the law on cohabitation?

Victoria Nottage, Family Law in Partnership

In this article Kara Swift and Victoria Nottage start with an analysis of the case of Hudson v Hathway [2022] EWHC 631 (QB), and move to a brief consideration of the timely Supreme Court decision in Guest and another v Guest [2022] UKSC 27, to look at the way the Court applies the doctrine of detrimental reliance and more widely, to consider the breadth of the Court’s approach to cases involving claims over property.  They set this in the context of the issues highlighted by the Women and Equalities Committee Report on the Rights of Cohabiting Partners and the (also timely) response of the Government rejecting those proposals and reflect on the need for reform of the law applying to cohabiting couples who are left vulnerable in the event that their relationship ends. 

The full article will be published in the January issue of Family Law. 

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