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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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