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16 February 2024
Issue: 8059 / Categories: Legal News , Family
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NLJ this week: Burrows on a ‘dystopian’ rule exposed in Potanina

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Family lawyer and NLJ columnist David Burrows delves into the heady world of billionaire divorce this week with an in-depth look at the fascinating case of Potanina v Potanin [2024] UKSC 3

The Supreme Court held the family court has for years been applying too tough a test for ex-spouses objecting to their former partners seeking financial relief in the English court after a foreign divorce.

Burrows looks at Lord Leggatt’s judgment for the majority and the relevant legislation—Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). Burrows writes that Lord Leggatt ‘described the present procedural practice under MFPA 1984, Pt III as unlawful, although based on Court of Appeal guidance. It represents, he said, a “dystopian” state of procedural affairs. It is contrary… to fundamental principles of procedural justice.’

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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