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Michael Glaser QC and Ewan Murray (instructed by W Legal Limited) for the Applicant Simon Webster QC (instructed by Katz Partners) for the Respondent Hearing dates: 28 June � 1 July 2021 ____________________
In Waggott v Waggott [2018] EWCA Civ 727 at [121] � [128] Moylan LJ roundly dismissed the notion that an earning capacity is capable of being a matrimonial asset to which the sharing principle applies.
At [132] � [135] Mance LJ agreed, pointing out that to take the date of trial as the end date was traditional. It is true that in Miller Lord Mance (as he had become) at [174] appeared to change his mind and suggested that it was natural to look at the period until separation. However, this was a passing comment. The subject was not addressed by any of the other members of the Committee.
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