Simon Blain digests some bread & butter cases
All too often, the cases appearing in the law reports seem to have little relevance to one’s day to day practice. Even the momentous decisions of the Supreme Court in Imerman and Granatino can feel as if they are of only academic interest, so far removed are they from the problems experienced by the majority of our clients.
Occasionally however, the higher courts do find themselves wrestling with the type of problem which faces every family law practitioner. One such case is Fisher-Aziz v Aziz [2010] EWCA Civ 673, in which Lord Justice Thorpe, sitting in the Court of Appeal, made some interesting observations about how courts should deal with the former matrimonial home when the family is mired in debt. Another is AA and NA [2010] EWHC 1282 Fam, in which Mr Justice Mostyn grappled with multiple allegations within private law residence and contact proceedings. Both judgments contain pearls of wisdom of direct relevance in daily practice.
Fisher-Aziz v Aziz
This is an exceptionally short judgment of the Court of Appeal, in
