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14 February 2008
Issue: 7308 / Categories: Case law , Law digest , Family , Ancillary relief
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FAMILY LAW

Marchant v Dixon [2008] EWCA Civ 11, [2008] All ER (D) 160 (Jan)

The issue was whether, where a wife remarries shortly after a consent order has provided for payment of a lump sum to capitalise her periodical payments, that event invalidates the basis or fundamental assumption upon which the order was made.

HELD The court has to ask itself: “Has the basis upon which the order was made or a fundamental, albeit tacit, assumption which underpinned its making, been invalidated by subsequent events?” There would have to be an assumption that, for an indefinite period to be measured in years rather than months or weeks, the wife would not remarry.

 

If and in so far as it was an assumption made by the parties, it must be a common assumption held by both of them, not the unilateral assumption of only one of them. It cannot avail the husband to protest that he thought the deal could be undone if the wife remarried within a relatively short time of the order having been made, whatever that time might be.

 

The court will not embark upon an analysis of their subjective hopes and fears; it must be an objective test.

Issue: 7308 / Categories: Case law , Law digest , Family , Ancillary relief
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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