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Clean break under attack

Norrie, Kenneth (2006) Clean break under attack. Journal of the Law Society of Scotland, 51 (7). pp. 16-18. ISSN 0458-8711

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Abstract

Discusses the comments made by the Scottish judge on the House of Lords Appellate Committee, Lord Hope of Craighead, in the judgment in Miller v Miller, an English ancillary relief claim, that the Scottish clean break principle provided by the Family Law (Scotland) Act 1985 s.9(1) is unfair to spouses experiencing a significant drop in their standard of living and should offer the flexibility available to the English courts. Considers the validity of Lord Hope's criticisms.