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18 November 2020 / Abby Buckland
Issue: 7911 / Categories: Features , Family , Divorce
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20 years forward…20 years back?

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Two decades on from White v White, Abby Buckland questions how much progress has been made in gender equality

In brief

  • Reasons for departing from equality: a fair outcome?
  • COVID-19: disproportionate impact on women’s employment.

It is now 20 years since the landmark White v White [2000] UKHL 54 decision which saw a move forwards for a divorcing party who was the home-maker and child-carer. White v White introduced a starting point, that ‘equality should be departed from only if, and to the extent that, there is good reason for doing so’. As Lord Nicholls summarised: ‘There should be no bias in favour of the money-earner and against the home-maker and the child-carer.’

This was a celebrated decision at the time, considered a sign that the law was catching up with society. White v White focused on the need to ensure the absence of discrimination and as Lord Cooke observed, ‘it will do much to enable English matrimonial property law to meet the requirements of contemporary society’. The

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MOVERS & SHAKERS

Michelman Robinson—Daniel Burbeary

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Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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