header-logo header-logo

27 January 2011
Issue: 7450 / Categories: Case law , Judicial line
printer mail-detail

Battle of the Chattels

An ancillary relief consent order provides for equal division by agreement of the parties’ chattels...

An ancillary relief consent order provides for equal division by agreement of the parties’ chattels and determination by the court in default of agreement. The parties cannot agree. On determination, will s 25 of the Matrimonial Causes Act 1973 factors be engaged or are they displaced by the agreement for equality?

The section 25 factors will be engaged and that is why such an order is so unsatisfactory as it purports to hive off one element of the application whereas the court’s duty relates to the parties’ affairs generally. Therefore, it is not inconceivable that the district judge will refuse to approve such an order which leaves chattel sharing unresolved. An arguably ingenious practice adopted by one court was to direct a Scott Schedule requiring each item to be listed with the parties inserting the monetary value for it for which they contended on the basis that the item went to the party giving the higher figure but that party

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll