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Broken promises: not so happy sailing

01 November 2024
Issue: 8092 / Categories: Features , Contract
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Mark Pawlowski on when a promise becomes a declaration of trust

Words spoken in conversation during parties’ intimate relationships can assume an unforeseen legal significance when examined years later by the courts. The facts in Rowe v Prance [1999] 2 FLR 787, [1999] All ER (D) 496 serve as a vivid illustration of this.

Sail away

The claimant was a widow who cohabited for 14 years with the defendant, a married man of considerable private means. In 1993, he told the claimant he would divorce his wife and use the proceeds of the sale of the matrimonial home to buy a yacht for them to share and sail around the world. The defendant duly purchased a yacht for £172,000, which was renamed so as to incorporate the parties’ respective names.

The yacht was registered in the defendant’s sole name, the defendant giving the excuse that a joint registration was not possible because the claimant did not possess an ocean master’s certificate. The claimant gave up her rented house and put her

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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