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NLJ this week: Could COVID-19 set aside your divorce settlement?

30 April 2021
Issue: 7930 / Categories: Legal News , Divorce , Covid-19 , Family
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Can your client cancel their divorce settlement because of the pandemic? Writing in NLJ this week, Jenny Duggan, senior associate, Stewarts, addresses this intriguing question in the context of a recent family court case.

In the case, FRB v DCA, the court held the pandemic was not an unforeseeable event which entitled the husband to set aside the financial remedy order made on his divorce. But, if the situation were different, could it be?

In this fascinating article, Duggan studies the case and explores the potential. Could the pandemic, for example, amount to a Barder event? If you and your client believe this is so then act quickly, she advises. If not, there are alternative options.

‘Indeed,’ she writes, ‘this may be the last pandemic that has the chance of being a Barder event, as it will be less arguable to claim that pandemics are unforeseen or unforeseeable in the future’.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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