Reading a Case
Instructions
Question 5.
Was the decision unanimous?
Answer 5.
The decision was unanimous as to outcome but their Lordships reasoning was different. Lord Denning said that when the parties were not living in amity then there was a presumption in favour of legal relations. Widgery LJJ said that when the parties are not living in amity there is no presumption against the creation of legal relations but he felt it unnecessary to say that in that situation there was a presumption in favour of the creation of legal relations. Karminski LJ offered no view on this point but said that the surrounding facts would have to be considered in deciding whether there was an intention to create legal relations.
In order to establish a principle of law we must be able to point to common reasoning. In this case it is difficult to do so beyond saying that where married but separated parties are not living in amity then the presumption that there is no intention to enter into legal relations does not apply.