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03 April 2008 / Claire Hanford
Issue: 7315 / Categories: Features , Public , Family
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Family Law Update

VB v JP: compensation is no more than and aspect of fairness.
Nicholls v Nicholls: the court was right to show its “disapproval of the disobedience to its order”.

The House of Lords put forward the concept of “compensation” in Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1 and the debate has run ever since. In VB v JP [2008] EWHC 112 (Fam), [2008] All ER (D) 230 (Jan) the president of the Family Division, Sir Mark Potter, provides guidance on the issue.

 

VB v JP

This case concerns W’s application for an increase in periodical payments. The original ancillary relief proceedings were heard in June 2001 following the parties’ 11-year marriage. At the time of the original proceedings H was 37 years old and W was 39. There were two children from the marriage, both boys, then aged four and six. They are now aged 11 and 13. Both live with their mother and are day boys at public schools. H was

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Browne Jacobson—Vicky Tomlinson

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Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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