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

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Original languageEnglish
Pages (from-to)4-6
Number of pages3
JournalGreens Family Law Bulletin
Issue number165
Publication statusPublished - 1 May 2020


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.

    Research areas

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

ID: 166849778