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18 November 2020 / Abby Buckland
Issue: 7911 / Categories: Features , Family , Divorce
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20 years forward…20 years back?

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Two decades on from White v White, Abby Buckland questions how much progress has been made in gender equality

In brief

  • Reasons for departing from equality: a fair outcome?
  • COVID-19: disproportionate impact on women’s employment.

It is now 20 years since the landmark White v White [2000] UKHL 54 decision which saw a move forwards for a divorcing party who was the home-maker and child-carer. White v White introduced a starting point, that ‘equality should be departed from only if, and to the extent that, there is good reason for doing so’. As Lord Nicholls summarised: ‘There should be no bias in favour of the money-earner and against the home-maker and the child-carer.’

This was a celebrated decision at the time, considered a sign that the law was catching up with society. White v White focused on the need to ensure the absence of discrimination and as Lord Cooke observed, ‘it will do much to enable English matrimonial property law to meet the requirements of contemporary society’. The intent was that a decision made while the marriage was

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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