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The Eric Whitehead Partnership

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  • 16/06/2006

    Divorce

    Two recent House of Lords decisions have been heralded as the most important divorce settlement decisions made in the last two decades. The cases, Miller v Miller and McFarlane v McFarlane, reinforced the requirement of fairness in divorce settlements and have been seen by some analysts as being very pro-wife. In the Miller case, the parties were married for less than three years and had no children. At first instance, the Court awarded Mrs Miller £5 million of her husband’s £32 million fortune. Both the Court of Appeal and the House of Lords agreed with this decision. The Lords were of the view that, during the marriage, Mrs Miller’s standard of living had improved and that it would have been unfair for this not to have been reflected in the settlement. The Lords also found that Mrs...
  • 05/10/2005

    Recent developments in Criminal Law

    In March 2005, the House of Lords decided, in the case of R v Benthem, that a person’s fingers could not amount to an imitation firearm, whatever their appearance. The Lords held that the Defendant’s fingers were a part of him and were not in his possession. In the recent case of R v Konzani, it was held that a person knowingly suffering from a sexually transmittable disease is guilty of GBH if there was no informed consent and if the disease is transmitted. In Konzani, the Defendant was a man who knew that he was HIV positive but who did not use a condom. In the case of R v Dica (September 2005), the Court of Appeal held that a sentence of four and a half years in prison for inflicting GBH in such a manner was not excessive. In the case of R (Traves) v DPP, it was held that a Defendant...