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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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