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20 May 2022
Issue: 7979 / Categories: Case law , In Court , Law digest
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Law digests: 20 May 2022

Divorce

WC v HC [2022] EWFC 22 [2022] All ER (D) 62 (Apr)

The Family Court, in the context of financial remedy proceedings, held that the applicant wife’s award would be £7.45m net which was about 60% of the total of £12.47m. The respondent husband would make a very high level of financial commitment for the two children. The period of cohabitation and marriage was about 16 or 17 years and agreement had been reached on a post-marital agreement but the wife had not signed the agreement. The Court held, among other things, that: (i) the post-marital agreement was not vitiated or tainted by undue pressure or duress; (ii) the absence of the wife’s signature, in circumstances where she consciously decided not to sign, took the agreement outside the Radmacher (formerly Granatino) v Granatino (pre-nuptial contract) [2011] 1 All ER 373 (Radmacher) category of cases; and (iii) the agreement fell to be considered as one of the factors, but it was not presumptively dispositive as would be the case

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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’
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
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
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
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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