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07 June 2007
Issue: 7276 / Categories: Legal News , EU , Divorce , Family , Human rights
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Big money divorce case heads to Europe

Alan Miller—who last year was ordered by the House of Lords to hand over £5m to his childless wife of three years—is taking his case to the European Court of Human Rights (ECtHR).

Miller’s lawyers will argue that the level of discretion available to the courts has meant the law has become so confused and unpredictable that the payout to his ex- wife breached his right to property under Art 1 of the First Protocol of the European Convention on Human Rights.

However, James Freeman, solicitor with Speechly Bircham, says the ECtHR may not be receptive to this argument.
“If the ECtHR is to entertain Alan Miller’s claim, one conjectures that the arguments put to it will have to be along the lines that the current English divorce law is either so swingeing or so unpredictable that it amounts in its essence to a breach of his right to peaceable enjoyment of his possessions,” he says.

He adds that the English courts have not proved receptive to such line of reasoning in the past: only last month John Charman tried and failed

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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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