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Vol 23 No 5 May/June 2018

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Ancillary Relief after Miller and McFarlane: A Special Briefing

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ISBN13: 9780955283406
ISBN: 095528340X
Published: August 2006
Publisher: Lime Legal Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print

Few appeals have been so eagerly awaited by matrimonial lawyers as those heard by the House of Lords in the cases of Miller v Miller and McFarlane v McFarlane.

Embracing issues as diverse as the significance of short marriages, the relevance and nature of conduct in determining ancillary relief claims, the division of income and the practicality of clean breaks, the two cases can truly be described as landmark.

In this Special Briefing David Salter, partner at Addleshaw Goddard, and Nicholas Francis QC, of 29 Bedford Row Chambers, have combined to provide a timely commentary on the cases. Setting them in the context of preceding ancillary relief law, the authors analyse the judgments in detail and explain their significance for ongoing and future claims.

Including guidance for future practice and the full text of the judgment, this book is essential reading for all matrimonial lawyers.

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Family Law
Background to the cases
Case law from White to Miller and McFarlane
The Cases
The facts of Miller and McFarlane - The issues and arguments
The High Court and Court of Appeal hearings
The House of Lords judgment
Future practice after Miller and McFarlane
The principles of the cases and implications for future practice