Set aside: Right outcome, wrong route?

Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted In Goodyear, it was necessary to understand the rationale for the pension share agreed, particularly given the flexible nature of pensions and the fact that in many cases they are treated …
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Pensions: Ticking Pandora’s boxes

David Wilkinson and Alexandra Goldrein look at a case involving a cautionary tale of ‘moving target syndrome’ As HHJ Hess pointed out in T v T, there is a statutory life-jacket available for adrift non-member spouses facing the prospect of an underfunded pension scheme, which ensures that the prospective transferee is first given the option …
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Financial provision: Exploring the options

Ellie Foster considers a decision of Mostyn J on set aside and transparency in financial remedy proceedings In assessing unforeseeability in the context of a change of asset value, the court should focus on the economic impact of the event rather than its cause or nature. The onset of the Covid-19 pandemic in early 2020 …
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