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05 October 2012 / Claire Sanders
Issue: 7532 / Categories: Features , LexisPSL
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Balancing act

Claire Sanders juggles discretion & fairness in marital disputes

The decision in R v R [2012] EWHC 2390 (Fam), [2012] All ER (D) 85 (Sep) provides a helpful reminder of the approach taken by the courts when exercising discretion to achieve a fair outcome having regard to the factors set out in the Matrimonial Causes Act 1973, s 25(2).

The parties married in 1983. There was a dispute about the date of separation with the court preferring the wife’s evidence that the parties separated in 2010. At the time of the separation the wife’s financial position was “dire”. She was subject to an individual voluntary arrangement (IVA) and had additional significant debts attributable to the closure of her solicitor’s practice. She had been indefinitely suspended by the Solicitors Disciplinary Tribunal and had suffered significant physical and mental ill health issues.

The husband’s position was, in contrast, secure. He was the majority shareholder in Z Ltd (the company), from which he was able to draw significant earnings. In the financial year ending 2010, his average monthly

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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