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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

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
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