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10 November 2011
Issue: 7489 / Categories: Case law , Law digest , In Court
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Matrimonial property

AR v AR (ancillary relief: inheritance) [2011] EWHC 2717 (Fam), [2011] All ER (D) 241 (Oct)

In assessing a spouse’s income needs, in particular for the purposes of determining what income fund would be awarded, the analysis was a broad one. The court’s task when addressing that factor was not to arrive at a mathematically exact calculation of what constituted an applicant’s future income needs. It was to determine the notional annual income which, in the circumstances of the case, it would be fair for the spouse to receive. When justified by the circumstances of the case, a flexible application of the Duxbury calcuation in the manner, for example, identified in Dharamshi v Dharamshi [2001] 1 FCR 492, [2000] All ER (D) 2121, would better achieve justice with sufficient predictability than a more narrow approach.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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

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Laytons ETL—Alec Cameron

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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
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