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07 October 2016
Issue: 7717 / Categories: Features , Civil way , Procedure & practice
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Civil way: 7 October 2016

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No to de novo; “I was conned. I’m back” & appeals rerouted.

A LIGHT TOUCH

The agony of every time starting from scratch on a periodical payments variation application has been consigned to the family law rubbish bin. The Court of Appeal held in Morris v Morris [2016] EWCA Civ 812 that the court was not required to consider such an application de novo. Its obligation was to conduct an exercise which was proportionate to the requirements of the case. They might warrant a complete review but they could also justify a light touch review.

Lewis v Lewis [1977] 3 All ER 992 and Flavell v Flavell [ 1997] 1 FLR 353—so often trotted out to support the applicant’s 10,000th paragraphed kitchen sink witness statement—did not support the de novo proposition. The court had enormous flexibility to determine the nature of the variation application which focused on the relevant factors and—stand by again for the phrase which is set to come as popular as “with great respect”—apply that light touch. And the light touch review—ever

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NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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