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Law digests: 19 May 2023

19 May 2023
Issue: 8025 / Categories: Case law , In Court , Law digest
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Divorce

Cummings v Fawn [2023] EWHC 830 (Fam), [2023] All ER (D) 10 (May)

The Family Division allowed an appeal against a finding that a Xydhias agreement entered into between the parties was fair. The appellant had backed out of the agreement, requesting a determination of its fairness, contending that it did not meet her needs. The judge ruled that the agreement was fair. On appeal, the appellant challenged that judgment. The court held that the judge had made an appealable error in assessing how the appellant’s needs could be met through the agreement. The judge appeared to have used an incorrect figure for the value of an investment property of the respondent and failed to make findings on some of the liabilities of the appellant. The judge could not lawfully exercise the discretion that she had to exercise under s 25 of the Matrimonial Causes Act 1973 without having made findings, on the balance of probability, on those matters. The judge was also wrong in finding that the respondent’s non-disclosure

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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