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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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