ABSTRACT
CAPSULE SUMMARY The Supreme Court in Jones v Kernott did not deliver a single model for the law in this area. In consequence, this chapter is modelled on the joint judgment of Lady Hale and Lord Walker (with which Lord Kerr agreed for the most part). That judgment did not overrule much earlier case law. Instead, it retained the concept of ‘common intention’ and therefore much of the earlier case law will remain important. The approach which was taken in Jones v Kernott was the following (qualifying the earlier decision of the House of Lords in Stack v Dowden ). The common intention must be identified using objective evidence where possible.
