Ashtons win Court of Appeal case: Hudson v Hathway

Ashtons Legal is thrilled to have won the recent Court of Appeal dispute on behalf of the Respondent in the Hudson v Hathway case.

Whilst the Court rejected the contention that detrimental reliance was no longer required to increase the Respondent’s equitable share in the property alongside a common intention to change the shares established on acquisition, it determined that the judge at first instance had correctly decided that Ms Hathway had acted to her detriment in foregoing a claim to assets held in Mr Hudson’s sole name.

Further, the Court of Appeal held that emails sent by Mr Hudson, to which he added his name at the bottom, was sufficient to satisfy the statutory formalities required by s53(1) of the Law of Property Act 1925, namely that declarations of trust or an interest in land and dispositions of subsisting equitable interests must be made by signed writing.

Polly Stephenson (Partner at Ashtons) and Guy Holland (Counsel at 36 Group) will be holding a de-briefing on the case in the very near future so watch this space for further updates.

You can read a full summary of the case on the STEP website: Hudson v Hathway