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12 August 2016 / Matilda Kay
Issue: 7711 / Categories: Features , Family
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Asking too much?

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How generously are needs interpreted in big money cases, asks Matilda Kay

  • The factors a court takes into account when considering income needs in cases involving substantial assets.
  • The importance, for family practitioners, of constructing a carefully considered budget and the consequences of failing to do so.

“If…a litigant flagrantly over-eggs the pudding and thus deprives the court of any sensible assistance, then he or she is likely to find that the court takes a robust view and drastically prunes the proposed budget.” This was Bennett J’s warning to family practitioners in McCartney v Mills McCartney [2008] EWHC 401 (Fam), [2008] All ER (D) 269 (Mar) about the approach the court will take towards an overinflated budget.

This article shall explore income needs in cases involving substantial assets (known as big money cases) and will focus on the factors a court takes into account when considering needs and investigating the importance, for family practitioners, of constructing a carefully considered budget and the consequences of failing to do so.

BD v FD

Bennett J’s

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NEWS
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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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