Fotheringhame v Nelson

Elizabeth Darlington (instructed by Direct Access) for the Appellant Harry East (instructed by Hill Dickinson LLP) for the Respondent Hearing date: 10 March 2026 ____________________

i) the parties' income and expenditure were pooled during their cohabitation (see [7] of the judgment);

ii) the Warrels Place deposit was a joint contribution to the purchase of that property (see [8], [41(d)] of the judgment);

iii) there was apparently, at the time, no discussion or agreement between the parties that the inheritance was not one of the parties' "pooled resources" or that it was "ring-fenced" to the appellant alone (see [12] of the judgment) (and the judge later found that the inheritance was a joint contribution by the parties to the property's purchase (see [41(d)] of the judgment);

iv) the appellant obtained three valuations of the property in about January 2003, but there was no evidence before the judge that, following them being shared with the respondent, the parties discussed what shares they would have in the property thereafter (see [19(c)] of the judgment);