The Supreme Court has delived its long-awaited decision in a prominent case about the rights of co-habitees.The role of the Court is primarily to discover what the parties’ actual shared intentions were, whether express or to be inferred from their conduct.Where the court is satisfied that the parties did intend to hold the property other than equally, but there is no evidence of what the proportions are, the court is entitled to impute to the parties an intention to hold the shares fairly.

On the facts, the successful appellant was allocated a 90% share of the relevant property. This decision overrrules the Court of Appeal decision in which a 50:50 intention was allocated to the parties.

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