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06 September 2007
Issue: 7287 / Categories: Case law , Law digest
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FAMILY LAW

North v North [2007] EWCA Civ 760, [2007] All ER (D) 386 (Jul)

Once within the territory of discretion, the court’s overarching objective is a fair result. The order must be fair both to the applicant in need and to the
respondent who must pay.

In any application under the Matrimonial Causes Act 1973, s 31(variation and discharge of orders for financial relief), the  applicant’s needs are likely to be the dominant factor. But it does not follow that the respondent is inevitably responsible financially for any established needs.

He is not an insurer against all hazards nor, when fairness is the measure, is he necessarily liable for needs created by the applicant’s financial  mismanagement, extravagance or irresponsibility (per Lord Justice Thorpe at para 32).

Issue: 7287 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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