header-logo header-logo

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

All about the evidence

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll