Ashley Murray Barrister Oriel Chambers.
Since Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 [2006] 1 FLR 1186 there have been a number of High Court decisions which have thrown further light on the 'incremental approach' to compensation upon a divorce distribution. Both CR v CR [2008] 1 FLR 323 Bodey J and P v P [2007] EWHC 2877 (Fam) [2008] FLR (forthcoming) Moylan J have already received commentary at March [2008] Fam Law 198 and July [2008] Fam Law 614 respectively so the reader will be familiar with the judgments in question. However instructive though those cases might be both were decided before two decisions which are now reported and which it is suggested have actually now moved on the jurisprudence in this area - albeit to some practitioners not in a desired direction.
In both VB v JP [2008] EWHC 112 (Fam) [2008] 1 FLR 742 and B v B (Ancillary Relief) [2008] EWCA Civ 543 [2008] 1 FCR 613 the President of the Family Division...
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