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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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