... the decision in Hiscock has clarified this. In the Journal of social welfare and family law, an article titled 'a law commission discussion paper with a difference' is the criticism of the law commission discussion paper examining the legal rights of cohabitants in property. It states it 'regrets its lack of consultation and its failure to make suggestions for reform and its adoption of a property law rather than a family law approach to the problem'. Previous cases, before Oxley have been contradictory in there nature and have never set a conclusive framework. Under the LPA 1925 S53 (1) (b) an express trust is unenforceable unless evidenced in writing but s53 (2) provides that this requirement does not affect the operation of resulting, implied or constructive trusts. In the previous cases it was the imposition of these trusts that caused the confusion. In the early 1970's, the House of Lords had to ...

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