Set aside: Right outcome, wrong route?

Raworths LLP | February 2023 #220
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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Financial provision: Dealing with reality

BDB Pitmans | May 2022 #213
Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …

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Financial provision: Exploring the options

Raworths LLP | March 2022 #211
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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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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