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09 October 2015 / Caroline Bowden
Issue: 7671 / Categories: Features , Divorce , Family
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Fields of gold?

Caroline Bowden examines whether cases containing complex factors, but wealthy spouses, should be easy to settle

The case of Fields v Fields [2015] EWHC 167 (Fam), [2015] All ER (D) 163 (Jun) was a tabloid dream, with its exotic cocktail of a Russian Beauty Queen who was divorcing a five times married, wealthy US lawyer.

Beneath the drama, Mr Justice Holman was frustrated at the case costs of over £1m, out of liquid assets of £4.5m. As each party would retain “considerable prosperity”, he thought it should have been “very easy” to settle.

Yet at the same time, in a judgment of over 13,000 words, he identified multiple complex and disputed issues. He never criticised anyone for defining and probing these issues: indeed they appeared to be vital to his carefully considered order. So what, if anything, makes an out-of-court settlement easier or more likely for the wealthier clients?

The order

The husband earned £1.3m-£1.9m a year and the wife did not work. He was ordered to pay his wife £320,000 a year

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Firm awards training contracts to paralegals through internal programme

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Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

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NEWS
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 
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
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’
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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