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31 March 2017
Issue: 7740 / Categories: Legal News
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Owens: an alternative judgment

Tini Owens—refused her divorce by the Court of Appeal—could have been rescued from the misery of her marriage had the judges considered Parliament’s intent and applied a “deductive” approach, a prominent family lawyer has argued.

Practitioners renewed calls for Parliament to introduce “no-fault divorce” last week, following the judgment in Owens v Owens [2017] EWCA Civ 182. Sir James Munby held that, although the marriage had broken down, the wife had failed to prove, within the meaning of s 1(2)(b) of the Matrimonial Causes Act 1973, that her husband “has behaved in such a way that [she] cannot reasonably be expected to live with [him]”.

Writing in NLJ this week, however, family law solicitor-advocate David Burrows says: “The Court of Appeal judges do not seem to have turned the question round and asked, deductively: if we find a marriage to be dead, does that not prove that at some level someone—B—must have behaved in a way that A ‘cannot reasonably be expected to live with’. When this law was passed, can it have been Parliament’s intention that a dead marriage should be preserved? I doubt it.”

Issue: 7740 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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
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
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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