header-logo header-logo

18 May 2012 / Kim Beatson
Issue: 7514 / Categories: Features , Family
printer mail-detail

Guiding light

Kim Beatson follows cases which provide a helpful reminder of family law principles

So many published cases involve assets of considerable value. There is always difficulty in applying the principles established in such cases to the more everyday type of case. Younger practitioners may feel that White v White [2001] 1 AC 596 was the first where the starting point of equality was mentioned. However, in relation to more modest cases it was not unusual, even before the case of White, for a wife to receive substantially more than 50% of the family assets, on the basis that the assets pool was limited and the children’s needs came first. This would often be on the basis that there was a clean break on income (in appropriate cases).

A helpful reminder

A v L [2011] EWHC 3150 (Fam) features an extremely usual set of circumstances—unusual in the sense that it ever came before a High Court judge. It is a helpful reminder to divorcing couples and solicitors of how the court is likely to approach

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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll