header-logo header-logo

24 February 2011 / Gary Yan , Tom Phillips
Issue: 7454 / Categories: Features , Divorce , Family
printer mail-detail

Keeping up with the Joneses

Gary Yan & Tom Phillips provide a cross-check on ring fencing assets

The recent Court of Appeal decision in Jones v Jones [2011] EWCA Civ 41, [2011] All ER (D) 231 (Jan) reinforces the principle that certain assets can be ring-fenced, provided that the needs of the parties are met by division of matrimonial assets.

At the time of the parties’ marriage, the husband had a business which had been in operation for 10 years and which supplied gases and equipment to the North Sea oil industry. The husband and wife separated in 2006 after 10 years of marriage. In 2007, the husband sold his business for £32m, of which he personally received £25m net.

One of the central issues in the case was the valuation of the husband’s business at the time of the marriage in 1996, and how much of the business sale proceeds could be excluded from the matrimonial pot.

At the final hearing, Charles J found that 60% of the value of the business (c£15m)

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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll