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Law digests: 19 May 2023

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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