Cohabitants, unjustified enrichment, contract and subsidiarity: Pert v McCaffrey

Hector MacQueen

Research output: Contribution to journalArticle

Abstract

A critique of the Five Judge Court of Session decision in Pert v McCaffrey, correctly over-ruling a previous decision that unjustified enrichment is subsidiary to the Family Law (Scotland) Act 2006 in the adjustment of financial relations between ex-cohabitants, but incorrectly finding that unjustified enrichment is subsidiary to any contract between the parties, and failing to provide any in-depth analysis of the relation between those two branches of law and its application on the particular facts of the case.
Original languageEnglish
Pages (from-to)4-6
Number of pages3
JournalGreens Family Law Bulletin
Issue number165
Publication statusPublished - 1 May 2020

Keywords

  • cohabitation
  • unjustified enrichment
  • Family Law (Scotland) Act 2006
  • contract
  • subsidiarity

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