The Telegraph today reports upon Miss Berkeley's appeal, which went before the Court of Appeal, including Sir Mark Potter, yesterday. I mentioned this case previously, in this post, and Linda Berkeley herself commented upon the post. Details of the case can be found in the report of her application for permission to bring a second appeal, but briefly the issue is whether or not there should be a departure from equality, in the light of the fact that the whole of the capital had been hers from before the marriage. Representing her, James Turner QC argued that: "It offends against the principles of fairness to treat the wealth in the present case as if it had all been acquired by the joint efforts during the relationship" and that: "There are very powerful reasons, indeed overwhelming reasons, to justify and require a departure from the equality principle." Judgement was reserved, and will be awaited with interest.
Meanwhile, the Telegraph also today gives advice upon how to avoid having to go to court to sort out financial settlements on divorce. Their suggestions include instructing specialist lawyers as early as possible and going to mediation. The article then goes on to briefly explain the principles upon division of assets, maintenance and pre-nuptial agreements.
Lastly, I wasn't intending to comment again upon the McCartney/Mills divorce (unless there was a major development), but this report on the BBC amused me. It describes the futile attempts by reporters at the High Court last week to to find something newsworthy to report upon. So short of information were they that they were "reduced to analysing facial expressions, clothes and, at one point, a banana in the desperate search for something to say about a court case they are not allowed to report". Why a banana? Well, apparently one morning it was noticed that the only thing being carried into the court that wasn't a legal document was a banana, and it was suggested that this meant that the McCartneys had decided to work through the lunch break, which could mean a settlement was in the offing. "We soon realised we'd reached new levels of insanity", says the BBC correspondent. Indeed.