header-logo header-logo

10 April 2008 / Stephen Gold
Issue: 7316 / Categories: Features , Civil way
printer mail-detail

Civil Way: 11 April 2008

Remarriage after a lump sum
New allocation questionnaires
Blow to trustees in bankruptcy
Probate war signalled
Insolvency deposits rise

RISKY BUSINESS

By a consent order, the (former) husband capitalised the periodical payments of the (former) wife at £125,000 in return for a clean break and around six months later the wife remarried. In the wife’s statement of information with the draft consent order, she had declared that she had no intention to marry or cohabit “at present”. This was also her stance in pre-order correspondence between solicitors.

The husband’s attempt at “Doing a Barder” (see Barder v Barder [1987] 2 All ER 440 and 157 NLJ 1748, p 1,764) came a cropper in the Court of Appeal in Dixon v Marchant [2008] EWCA Civ 11, [2008] All ER (D) 160 (Jan) by a majority. Unfortunately for the husband, when he made his first offer to capitalise at £75,000 it was in issue whether or not the wife was then cohabiting with the man she came to marry.

Now, not never ever

Lord

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

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll