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19 May 2023
Issue: 8025 / Categories: Case law , In Court , Law digest
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Law digests: 19 May 2023

Divorce

Cummings v Fawn [2023] EWHC 830 (Fam), [2023] All ER (D) 10 (May)

The Family Division allowed an appeal against a finding that a Xydhias agreement entered into between the parties was fair. The appellant had backed out of the agreement, requesting a determination of its fairness, contending that it did not meet her needs. The judge ruled that the agreement was fair. On appeal, the appellant challenged that judgment. The court held that the judge had made an appealable error in assessing how the appellant’s needs could be met through the agreement. The judge appeared to have used an incorrect figure for the value of an investment property of the respondent and failed to make findings on some of the liabilities of the appellant. The judge could not lawfully exercise the discretion that she had to exercise under s 25 of the Matrimonial Causes Act 1973 without having made findings, on the balance of probability, on those matters. The judge was also wrong in finding that the respondent’s non-disclosure

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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