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Supreme Court to hear argument that 'unreasonable behaviour' in divorce is a 'linguistic trap'

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Supreme Court grants permission to appeal in Owens case

  • The Supreme Court has given Tini Owens permission to appeal the Court of Appeal's decision not to her allow her to divorce her husband because his behaviour, as found in the lower courts, was not considered 'unreasonable'.

    Although there is no official confirmation on the Supreme Court website as yet, 1KBW have released the news as Philip Marshall QC acted for Mrs Owens in the Court of Appeal.

    The notice states that 

    Mr Marshall QC and his team will argue that the Courts' emphasis on trying to find that a Respondent's behaviour is in some way "unreasonable" is wrong. It will be argued that this is a "linguistic trap" and that the statute does not require unreasonable behaviour, but simply behaviour such that the petitioner cannot reasonably be expected to live with the respondent. 

    It is understood that James Turner QC, again of 1KBW, will also appear on behalf of Resolution acting as an intervenor.

    You can read more on the 1KBW site here.


Published: 08/08/2017

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