20.10.2007

Stack v Dowden - Victory in the House of Lords

2tg victorious in landmark House of Lords Constructive Trust case

The House of Lords delivered judgment on 25th April 2007 in Stack v Dowden, which is undoubtedly the most important case in the last 16 years on the division of property jointly owned by a couple on the break-up of their relationship.

With an ever increasing number of co-habiting, unmarried couples buying property together, this landmark judgment will provide valuable guidance for first instance judges deciding difficult questions of beneficial ownership.

Christopher Lundie and Emily Saunderson of 2 Temple Gardens were brought into to represent the successful Respondent, Dehra Dowden in the House of Lords. Their Lordships agreed that Ms Dowden was entitled to 65% of the proceeds of sale to reflect her financial contribution to the purchase of the property. Despite agreeing on the result, their Lordships did not speak with one voice and there is scope for further argument about the way in which the guidelines laid down in the leading judgment of Baroness Hale should be applied.

For further information, please contact Christopher Lundie or Emily Saunderson on 020 7822 1200. For the full text of their lordships' opinions click here.