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10 April 2008 / Stephen Gold
Issue: 7316 / Categories: Features , Civil way
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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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
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