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

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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

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Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

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Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

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Media and technology expert joins employment team as partner in Cambridge

NEWS
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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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