Miller v Miller: Guidance or Confusion?

Roger Bird, former District Judge at the Bristol County Court. Any hope of clear guidelines from Miller v Miller other than those contained in the Matrimonial Causes Act 1973, s 25 and White v White [2001] 1 AC 596, [2000] 2 FLR 981 is misplaced. However, some clear lessons can be drawn from Miller, not all of them new but they are usefully highlighted in the judgments and the author summarises these. The issues that Roger Bird thinks will cause difficulties for practitioners in the future are considered. The article provides a summary of the facts, the arguments at first instance and the various elements of the judgments in the Court of Appeal.

See November [2005] Fam Law 874 for the full article.

Click here if you subscribe to the Family Law journal online.

Read the full article here.