Xydhias, 25 Years On – What Exactly IS a Xydhias Agreement?
Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties. The court will scrutinise the