Imagine that the events in Bernard v Josephs [1982] Ch 391 took place many years later than they did in
reality: so that the parties purchased their home in 2009 and that the case was heard in 2019 in the High
Court.
Write the leading judgment in the Court of Appeal, using modern conventions of judgment-writing and
applying today’s law of co-ownership.
Students are advised to consult Feminist Judgments, ed. R.Hunter, C. McGlynn and E. Rackley (Oxford:
Hart Publishing, 2010, available in an on-line version in the library) for examples of alternative judgments,
and a useful discussion in the introductory chapters about the challenges involved in writing them.
Sample Solution