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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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