Lee Hudson v Jayne Hathway
| Jurisdiction | England & Wales |
| Judge | Lord Justice Lewison,Lady Justice Andrews,Lord Justice Nugee |
| Judgment Date | 14 December 2022 |
| Neutral Citation | [2022] EWCA Civ 1648 |
| Docket Number | Case No: CA-2022-000673 |
| Court | Court of Appeal (Civil Division) |
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13 cases
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Amanda Wade and Nicholas Nicholson (Joint Liquidators of MSD Cash and Carry Plc ((in Liquidation))) v Mohinder Singh
...common intention. 132 On the question of detriment, Mr Grant KC referred me to the recent Court of Appeal decision Hudson v Hathway [2022] EWCA Civ 1648. Lewison LJ, giving the only reasoned judgment, held at [128] that there remains a requirement for detrimental reliance on the part of th......
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Crescent Gas Corporation Ltd v National Iranian Oil Company
...and that the touchstone for determining what is a signature is an intention to authenticate the document; see Hudson v Hathway [2022] EWCA Civ 1648 at paragraph 55. It may be that this submission was not directed to the question whether signature by an agent would suffice for the purposes ......
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Nigel Fox v Marcus Nathan Bent
...v Alexander [2020] EWHC 1621 (Ch) [2020] 2 FLR 1123, at [31] and [32], and to the judgment of Lewison LJ in Hudson v Hathaway [2022] EWCA Civ 1648 [2023] KB 345 in which Lewison LJ reviewed the case law on detrimental reliance and confirmed the need for detrimental reliance, on the part......
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Mohammed Arshad Alam v Pervez Alam
...consistent with the principles identified in Stack v Dowden [2007] UKHL 17, Jones v Kernott [2011] UKSC 53 and Hudson v Hathway [2022] EWCA Civ 1648. In his submissions for Arshad, Mr Croxford sought to rely, in part, on the Pallant v Morgan [1953] Ch 43 equity, perhaps on the basis Per......
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5 firm's commentaries
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Detrimental Reliance And The Dangers Of Emails: Hudson v Hathway [2022] EWCA Civ 1648
...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 The decision brings clarity to an area of law that is notoriously nebulo......
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To Rely Or Not To Rely On A Common-intention Constructive Trust: An Instance Of The Application Of S. 53(1)(c) Of The Law Of Property Act 1925
...constructive trust (while also showing that there was no need to rely on the doctrine in the first place). Hudson v. Hathaway [2022] EWCA Civ 1648, [2022] EWHC 631 (QB) THE FACTUAL BACKGROUND In 1990 Mr Hudson and Ms Hathaway started a relationship. He moved into her house and it was put in......
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Property Newsletter: January 2023
...at the Land Registry and Companies House. Read the full article here. Did you see? You may have missed... Hudson v. Hathaway [2022] EWCA Civ 1648, [2022] EWHC 631 (QB To rely or not to rely on a common-intention constructive trust: an instance of the application of s. 53(1)(c) of the Law of......
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No Going Back: The Transfer Of Beneficial Interests In Land
...will appear on the title register - but they also hold the entire beneficial interest on trust for each other. The Hudson v Hathaway [2022] EWCA Civ 1648 case illustrates two things. The first is that giving away a beneficial interest is simply done and, once done, cannot be undone. The sec......
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