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 Lord Justice Carnwath famously put it in the Court of Appeal’s judgment in Stack, the law in this area seems like a ‘witch’s brew, into which various esoteric ingredients have been stirred over the years, and in which different ideas bubble to the surface at different time’… (more)
[Charlotte John, Gatehouse Chambers, 17 March 2023]
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