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Law digests: 20 May 2022

20 May 2022
Issue: 7979 / Categories: Case law , In Court , Law digest
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Divorce

WC v HC [2022] EWFC 22 [2022] All ER (D) 62 (Apr)

The Family Court, in the context of financial remedy proceedings, held that the applicant wife’s award would be £7.45m net which was about 60% of the total of £12.47m. The respondent husband would make a very high level of financial commitment for the two children. The period of cohabitation and marriage was about 16 or 17 years and agreement had been reached on a post-marital agreement but the wife had not signed the agreement. The Court held, among other things, that: (i) the post-marital agreement was not vitiated or tainted by undue pressure or duress; (ii) the absence of the wife’s signature, in circumstances where she consciously decided not to sign, took the agreement outside the Radmacher (formerly Granatino) v Granatino (pre-nuptial contract) [2011] 1 All ER 373 (Radmacher) category of cases; and (iii) the agreement fell to be considered as one of the factors, but it was not presumptively dispositive as would be the case

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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