header-logo header-logo

High earners & sacrificed careers

04 June 2020 / Stacey Nevin
Issue: 7889 / Categories: Features , Family , Divorce
printer mail-detail
22068
Stacey Nevin reports on the nuances of a successful appeal for ‘relationship generated disadvantage’
  • Looks at RC v JC, where the wife claimed for relationship generated disadvantage.
  • Claims for compensation are loss-related not needs-related.

In the recently reported case of RC v JC [2020] EWHC 466 (Fam), the respondent wife successfully pursued a claim for compensation for her ‘relationship generated disadvantage’. Giving judgment, Mr Justice Moor accepted ‘that it is unusual to find significant relationship generated disadvantage that may lead to compensation’ but was ‘clear that this is one such case’.

 

Principle of compensation

 

The principle of compensation was firmly established and last successfully used in the 2006 case of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24. Since then, there have been no reported cases where the principle has been argued successfully, until RC v JC.

In McFarlane, the House of Lords identified three principles to guide the court when trying to achieve a fair outcome for the parties: needs (generously

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll