The University of Buckingham Press Journals
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MILLER v MILLER; McFARLANE v McFARLANE [2004] UKHL 24
Fairness Remains an Elusive Concept – Financial Provision on DivorceThe House of Lords in Miller and McFarlane sought to articulate principles which would enable the courts to exercise their discretionary powers under Part II of the Matrimonial Causes Act (MCA) 1973 in a consistent manner and provide a fair outcome for divorcing couples.The decision was greeted as a tour de force by some media sources, and as a gold diggers’ charter by others, for wives who abandoned, or were abandoned in, short-lived marriages. It has been variously described as just; groundbreaking; historic; principled; a landmark decision; a triumph for women; a disaster for wealthy men; and as a trigger for reform of the law relating to pre-nuptial agreements. A close analysis of the decision, however, suggests that some of these comments may be reflections of wishful hopes rather than reasoned responses to the actual reality of the judgment. Although it must be acknowledged that the House, on the basis of its construction of fairness, did take a significantly new approach to short marriages and to the purpose of periodical payments. The law relating to ancillary relief on divorce remains remarkably unchanged and problematic
BALLOT BOX TO JURY BOX: THE LIFE AND TIMES OF AN ENGLISH CROWN COURT JUDGE
John Baker (Waterside Press Winchester 2006) Pp 210, Paperback, ISBN 1 904 38019 0, Price £20.00John Baker’s autobiography is a personal history and narrative of an interesting and successful legal career - embracing practise as a solicitor and at the Bar, and also the Bench. It is a story told with candid honesty and charming humility. A short review, such as this, prevents me from summarising the enormity of the wealth of biographical information and insightful comments and observations on the law drawn from personal experience, but I hope to give something of the flavour of John Baker’s life and contribution to law before focusing on the final two chapters, where Judge Baker tells the story of his judicial career
INTRODUCTION TO THE FIRST ISSUE FROM THE EDITOR LEIGHTON VAUGHAN WILLIAMS
INTRODUCTION TO THE FIRST ISSUE FROM THE EDITOR LEIGHTON VAUGHAN WILLIAM
LORD DENNING AS A CHAMPION OF CHILDREN'S RIGHTS: THE LEGACY OF HEWERv. BRYANT
LORD DENNING AS A CHAMPION OF CHILDREN'S RIGHTS: THE LEGACY OF HEWERv. BRYAN
NEITHERCLOISTERED NOR VIRTUOUS? JUDGES AND THEIR INDEPENDENCE IN THE NEW MILLENNIUM
NEITHERCLOISTERED NOR VIRTUOUS? JUDGES AND THEIR INDEPENDENCE IN THE NEW MILLENNIU
EQUITY'S MANHATTAN PROJECT: THE CREATION AND EVOLUTION OF THE MAREVA INJUNCTION
EQUITY'S MANHATTAN PROJECT: THE CREATION AND EVOLUTION OF THE MAREVA INJUNCTIO
A New Framework for Education in Schools and the Link with Judicial Review
A New Framework for Education in Schools and the Link with Judicial Revie