header-logo header-logo

All about the evidence

15 March 2013 / Anna Heenan
Issue: 7552 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

Anna Heenan examines the implications of the latest in a long line of inherited assets cases

The decision in Davies v Davies [2012] EWCA Civ 1641 is likely to be of use to practitioners for its consideration of how to deal with an inherited business to which the wife had made a significant contribution during a short marriage. The case also highlights the importance of valuation evidence in cases dealing with inherited assets, echoing the emphasis on case preparation in decisions such as X v X [2012] EWHC 538 (Fam) and B v B [2012] EWHC 314 in the early part of 2012.

Background

The full details of the parties’ financial position are not set out in the judgment. However, the key asset for the purposes of the appeal was a successful London hotel, owned and run by the husband.

It is important to be aware of the distinction between the hotel business and the buildings occupied by that business (the premises). The hotel business was originally set up by the husband’s grandfather. The husband took over sole control

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll