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21 June 2007 / Nicholas E Starks
Issue: 7278 / Categories: Features , Divorce , Family
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Fair shares?

Does Charman v Charman mean farewell to the yardstick of equality? asks Nicholas Starks

Charman v Charman [2006] EWHC 1879 (Fam), [2006] All ER (D) 32 (Aug), a decision of Mr Justice Coleridge, was the first reported case to consider the ramifications of the House of Lords’ decision in Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1. It also involved the largest reported award (£48m) in an ancillary relief case. Central to the case was the issue of “stellar contributions”: given a 27-year marriage—to which the wife had fully contributed—and huge assets—£131m, generated by the singular talent of the husband—should the court depart from equality of division to reflect the husband’s wealth generation and, if so, how far?

The appeal of Coleridge J’s decision was handed down on 24 May 2007 ([2007] EWCA Civ 503, [2007] All ER (D) 425 (May)), on the anniversary of the Lords’ decision in Miller; McFarlane. The Court of Appeal has abandoned the pretence of a yardstick of equality and heralded in a

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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
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