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05 July 2007 / James Pirrie , Bradley Williams
Issue: 7280 / Categories: Features , Family
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The dig continues

James Pirrie and Bradley Williams reflect on the Court of Appeal’s findings in Charman v Charman

Some of the finest minds in matrimonial finance are back at it—struggling over the conundrum of what to do with all that money.
In The legal dig (NLJ, 16 March 2007, pp 382–84) we endeavoured to sketch the outline of the landscape that had developed since White v White [2001] 1 All ER 1, [2000] 3 WLR 1571. A few weeks later, on 4 April 2007, Mr Justice Charles handed down his judgment in H v H [2007] EWHC 459 (Fam), [2007] All ER (D) 88 (Apr) and we identified the straws this appeared to throw in the air to help us assess the direction in which the courts are now blowing (NLJ, 4 May 2007, pp 627–28). Hardly had that touched our desks then the gale that is Charman v Charman [2007] EWCA Civ 503, [2007] All ER (D) 425 (May) was upon us on 24 May.

THE FACTS

Mr and Mrs Charman separated in November

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MOVERS & SHAKERS

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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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
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