header-logo header-logo

15 March 2013 / Anna Heenan
Issue: 7552 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

All about the evidence

Anna Heenan examines the implications of the latest in a long line of inherited assets cases

The decision in Davies v Davies [2012] EWCA Civ 1641 is likely to be of use to practitioners for its consideration of how to deal with an inherited business to which the wife had made a significant contribution during a short marriage. The case also highlights the importance of valuation evidence in cases dealing with inherited assets, echoing the emphasis on case preparation in decisions such as X v X [2012] EWHC 538 (Fam) and B v B [2012] EWHC 314 in the early part of 2012.

Background

The full details of the parties’ financial position are not set out in the judgment. However, the key asset for the purposes of the appeal was a successful London hotel, owned and run by the husband.

It is important to be aware of the distinction between the hotel business and the buildings occupied by that business (the premises). The hotel business was originally set up

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll