header-logo header-logo

09 June 2017 / Bethan Thomas
Issue: 7749 / Categories: Features , Family
printer mail-detail

Special enough? The doctrine of special contribution

What guidance on special contribution, if any, has been given by the Court of Appeal in Work v Gray, asks Bethan Thomas

  • Work v Gray provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which have already been set out in previous cases.

The Court of Appeal acknowledged that the appeal in Work v Gray [2017] EWCA Civ 270, [2017] All ER (D) 61 (Apr) on the doctrine of ‘special contribution’ provided ‘an opportunity for this court to review the issue of special contribution and its proper scope, if any, when the court is determining a financial claim under the Matrimonial Causes Act 1973’. Unfortunately, however, the judgment provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which had already been set out in the previous cases of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1, and Charman

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll