header-logo header-logo

04 June 2020 / Stacey Nevin
Issue: 7889 / Categories: Features , Family , Divorce
printer mail-detail

High earners & sacrificed careers

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of 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
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll