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 language | English |
|---|---|
| Pages (from-to) | 4-6 |
| Number of pages | 3 |
| Journal | Greens Family Law Bulletin |
| Issue number | 165 |
| Publication status | Published - 1 May 2020 |
Keywords / Materials (for Non-textual outputs)
- cohabitation
- unjustified enrichment
- Family Law (Scotland) Act 2006
- contract
- subsidiarity