Relying Upon Trust or Estoppel

Should you reply upon a trust or estoppel when dealing with cohabitation disputes?

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Course Overview

Cohabitation disputes represent a very difficult area for practitioners advising in family and civil matters; without the benefit of the Civil Partnership Act or the Matrimonial Causes Act 1973, practitioners are often reliant upon common law and property law when assisting cohabitees.

Delivered by solicitor and lecturer Safda Mahmood, this bite size session will explore developing case law in this area and will bring viewers up to speed with more recent authorities, particularly with regard to estoppel claims.

During this session, the following case law will be discussed:
•  Severing the Joint Tenancy
•  Stack v. Dowden 2007 UKHL 17
•  Jones v. Kernott 2011 UKSC 53  
•  Pankhania v Chandegra 2012 EWCA Civ 1438
•  Barnes v. Phillips 2015 EWCA Civ 1056
•  Goodman v Gallant 1986 1 FLR 513
•  Lloyds Bank v Rossett 1990 2 FLR 155
•  Cox v. Jones 2004 2 FLR 1010  
•  Oxley v. Hiscock 2004 ALL ER 48
•  Matharu v Matharu 1994 2 FLR 597  
•  Gillett v. Holt 2000 2 ALL ER 289
•  Davies & Another v. Davies 2016 EWCA Civ 463  
•  Ely v. Robson 2016 EWCA Civ 774
•  Paul Davis (As trustee in bankruptcy of Audley Glendon Jackson) and Audley Glendon Jackson and Hazel Rose Jackson
    2017 EWHC 698 (Ch)
•  Habberfield v. Habberfield 2018 EWHC 317 (Ch)
•  Dobson v Griffey 2018 EWHC 1117 (Ch)

What are the requirements?

  • Watch the recorded webinar and complete the short quiz to test your legal knowledge
  • This course provides 0.5 CPD points

Learning Outcomes

  • On completion of this course you will be aware of developing case law in respect of cohabitation disputes involving trusts and estoppel. You will also feel confident when, advising clients regarding this area of family law.

What is the target audience?

  • This course is suitable for practitioners of all levels including paralegals, fee earners, trainees and experienced solicitors


About Instructor - Safda Mahmood

Safda is a senior solicitor, with a public authority, having had practiced in both Private Practice and Local Government. Safda is on the Law Society Children Panel and specialises in Children Law and Adoption. He delivers training across the country and writes regularly for various journals including Family Law Journal, Legal Executives Journal and Law Society Bulletin.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Slides
    4 Page


  • Quiz