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19 May 2023
Issue: 8025 / Categories: Case law , In Court , Law digest
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Law digests: 19 May 2023

Divorce

Cummings v Fawn [2023] EWHC 830 (Fam), [2023] All ER (D) 10 (May)

The Family Division allowed an appeal against a finding that a Xydhias agreement entered into between the parties was fair. The appellant had backed out of the agreement, requesting a determination of its fairness, contending that it did not meet her needs. The judge ruled that the agreement was fair. On appeal, the appellant challenged that judgment. The court held that the judge had made an appealable error in assessing how the appellant’s needs could be met through the agreement. The judge appeared to have used an incorrect figure for the value of an investment property of the respondent and failed to make findings on some of the liabilities of the appellant. The judge could not lawfully exercise the discretion that she had to exercise under s 25 of the Matrimonial Causes Act 1973 without having made findings, on the balance of probability, on those matters. The judge was also wrong in finding that the respondent’s non-disclosure of an inheritance worth at least £4m was not operative.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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