In this post, Tara McCarthy and James Warshaw, associates in the litigation team at CMS, preview the decision awaited from the Supreme Court in Brake and Anor v Chedington Court Estate Ltd.
Factual Background
The respondents in the Supreme Court are a married couple, Mr and Mrs Brake, and their son. Mr and Mrs Brake lived on a farm which they ran as a wedding and events venue in partnership with a third party. Mr and Mrs Brake contributed the farm as property of the partnership. The partnership later acquired legal title to the cottage which was transferred to