Maintenance pending suit: Reasonable and required?

Lupton Fawcett | November 2021 #208
Andrew Smith provides a guide to the key principles to be applied on an application for maintenance pending suit and procedural points Maintenance pending suit will often not be reflective of longer term periodical payments and so it isn’t particularly necessary to go into longer term need for expenditure, especially that which is needed post-financial …

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Financial orders: A clear purpose?

Rayden Solicitors | April 2021 #202
Nicola Meldrum and Nasbin Begum look at recitals in financial orders and whether they are contractual agreements or enforceable in the same way as orders In BSA v NVT, Williams J considered the relevant law, finding that recitals could be enforced as if they were part of the order itself where the court otherwise had …

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Set aside: Original thinking

JMW | April 2021 #202
Matt Vincent considers the circumstances in which a financial order may be set aside and the available scope in cases involving a significant change in asset values In CB v EB Mostyn J found that where there is an inconsistency between statute and a practice direction, it is the practice direction that must be declared …

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