header-logo header-logo

04 November 2010 / Simon Blain
Issue: 7440 / Categories: Features , Mediation , Family
printer mail-detail

Food for thought

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

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

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
back-to-top-scroll