Gow v Grant
Under Scottish law a cohabitant could claim compensation for economic disadvantage suffered in the relationship, and Lady Hale called for similar reform in England and Wales.
Facts
Mrs Gow and Mr Grant lived together in Scotland for several years. At Mr Grant's suggestion, Mrs Gow sold her flat and moved into his house, and the proceeds were used for living expenses. When they separated, she claimed compensation under section 28 of the Family Law (Scotland) Act 2006, which allows a former cohabitant to claim for economic disadvantage suffered in the interests of the other partner. The Inner House of the Court of Session refused her claim.
Legal principle
The Supreme Court allowed her appeal and restored the award of 39,500 pounds. Lord Hope said that the purpose of the provision was to correct clear and quantifiable economic advantages and disadvantages arising from the relationship, and that it was to be applied in a broad way, to achieve fairness. Lady Hale, agreeing, pointed out that there was no equivalent statutory scheme in England and Wales, where cohabitants had to rely on the law of trusts, and said that the Scottish experience showed that a similar scheme might work well, urging reform.
Related cases on cohabitants, family property and family provision
- Re Besterman (Deceased) [1984] Ch 458
- Burns v Burns [1984] Ch 317
- Re Coventry (Deceased) [1980] Ch 461
- Cowan v Foreman [2019] EWCA Civ 1336, [2020] Fam 129
- Curran v Collins [2015] EWCA Civ 404
- Eves v Eves [1975] 1 WLR 1338
- Fitzpatrick v Sterling Housing Association Ltd [2001] 1 AC 27
- Ghaidan v Godin-Mendoza [2004] UKHL 30, [2004] 2 AC 557
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