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31 March 2017
Issue: 7740 / Categories: Legal News
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Owens: an alternative judgment

Tini Owens—refused her divorce by the Court of Appeal—could have been rescued from the misery of her marriage had the judges considered Parliament’s intent and applied a “deductive” approach, a prominent family lawyer has argued.

Practitioners renewed calls for Parliament to introduce “no-fault divorce” last week, following the judgment in Owens v Owens [2017] EWCA Civ 182. Sir James Munby held that, although the marriage had broken down, the wife had failed to prove, within the meaning of s 1(2)(b) of the Matrimonial Causes Act 1973, that her husband “has behaved in such a way that [she] cannot reasonably be expected to live with [him]”.

Writing in NLJ this week, however, family law solicitor-advocate David Burrows says: “The Court of Appeal judges do not seem to have turned the question round and asked, deductively: if we find a marriage to be dead, does that not prove that at some level someone—B—must have behaved in a way that A ‘cannot reasonably be expected to live with’. When this law was passed, can it have been Parliament’s intention that a dead marriage should be preserved? I doubt it.”

Issue: 7740 / Categories: Legal News
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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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