header-logo header-logo

03 April 2008 / Claire Hanford
Issue: 7315 / Categories: Features , Public , Family
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
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
back-to-top-scroll