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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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FAMILY LAW

B v B [2008] EWCA Civ 543, [2008] All ER (D) 282 (Mar)

Lord Justice Wall said that the “big money” cases which have reached the Court of Appeal and the House of Lords are of very limited assistance in dealing with smaller cases in which there is simply not enough money to go round. In every case the court must ask itself two questions:

(i) is the outcome fair in all the circumstances of the case and

(ii) is it in any way discriminatory? The court must follow White v White [2001] 1 All ER 1, and look at the extent to which the court has departed from equality. But this latter exercise is a check: the primary objectives remain fairness and an absence of discrimination.
 

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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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