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.
|Number of pages||3|
|Journal||Greens Family Law Bulletin|
|Publication status||Published - 1 May 2020|
- unjustified enrichment
- Family Law (Scotland) Act 2006