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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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