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Thursday, 10 November 2011

Judgment in Leading Case of Jones v Kernott on Property Held Jointly by Unmarried Couples

Yesterday, The Supreme Court unanimously allowed Mrs Jones appeal in the case of Jones v Kernott [2011]. The case concerns the correct approach the court should adopt calculating unmarried couples interests in property, where the legal title to the property is held in their joint names and the couple do not have an express statement of how it is to be shared (known as a "declaration of trust"). In legal terms, the case concerns the correct approach in calculating couples beneficial interests in jointly held properties (that is the share in the equity in the property).

Wednesday, 9 November 2011

Third Party Harassment in the Workplace

Employers and Employees alike need to be aware that there are currently rules in place that protect employees from harassment by third parties. These rules originate from case law, including the decision in Burton and another v De Vere Hotels Ltd [1997]. In that case, the comedian, Bernard Manning had subjected two of the Hotel's employees to racist and sexist jokes during his performance. The Hotel was found to be liable for the harassment of the two employees, despite the fact that Bernard Manning was not their employee. They were held liable for failing to prevent the harassment from taking place.