Hudson v Hathway [2022] EWHC 631(QB)

Zoë Saunders acted for the Appellant in the case of Hudson v Hathway [2022] EWHC 631 (QB). This was an appeal to the High Court from HHJ Ralton in a case concerning equitable ownership of a family home purchased in joint names, initially with equal ownership rights, where the unmarried parties later separated.

The key issues in the case were whether a party claiming a subsequent increase in his/her equitable share would necessarily have acted to his/her detriment, or whether a common intention alone would suffice to alter the beneficial shares and, if the former, whether the Judge was right to decide that the requirement of detriment was met.  Kerr J decided that common intention alone was sufficient, that detrimental reliance was not necessary, and that, even if that were not the case, giving up some form of claim against the other party’s shares which was unspecified in a non-binding manner was sufficient to constitute detriment. Michael Horton QC led Guy Holland in representing the Respondent.