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10 February 2017 / Elizabeth Carson
Issue: 7733 / Categories: Features , Family
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Special effects

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Will the Court of Appeal provide some helpful guidance on the doctrine of “special contribution” in Work v Gray, asks Elizabeth Carson

  • Can a departure from an equal division of the assets be justified if one party generates significant wealth?
  • A lack of clarity in previous cases means that practitioners are hoping for practical guidance on what constitutes a contribution that is special enough.

This month’s Court of Appeal hearing of Work v Gray may decide the fate of the “special contribution” argument in matrimonial cases.

The husband, who had generated a fortune of $300m during the course of the marriage, argued that he had made a “special contribution” that necessitated a departure from equality in his favour. Mr Justice Holman disagreed, and divided the assets equally between husband and wife (see [2015] EWHC 834 (Fam)). Last year the Court of Appeal granted permission to the husband to appeal (see [2016] EWCA Civ 286).

What does it mean to make a “special contribution”?

When considering how to divide family assets in a divorce, judges

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mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

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