Judge v Judge [2008] EWCA Civ 1458 – Law Journals

Barder Appeals: Finding closure

Beth Mason and Georgia Day look at the Court of Appeal decision in Critchell and what may constitute a Barder event ‘There have been many attempts to set aside orders based on a Barder event, but the courts have been reluctant to let such applications succeed and the threshold for success is high.’ Family lawyers …

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Trusts And Divorce: Family divided

Divorce case Arif v Anwar and Rehan [2015] raises interesting points on beneficial ownership and also costs, as Penelope Reed QC and Nicholas Fairbank report ‘There are no winners when the overall assets are reduced so significantly by the legal costs that adequate provision for the parties is circumscribed.’ In Sofia Arif v Arif Anwar, …

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Setting Aside: Playing the odds

In the conclusion to a two-part analysis, Frances Bailey and Claire Glaister look at the options when seeking to set aside a consent order ‘To successfully set aside a consent order on the basis of common mistake it must be shown not only that there was a common mistake, but that that mistake was fundamental …

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Costs: No order or a clean sheet?

Richard Adams sets out a reminder of the courts’ approach to costs orders in family proceedings ‘The approach of the court in making costs orders will depend on the exact nature of the proceedings, although the types of costs orders available remain the same.’ The recent Court of Appeal decision in Solomon v Solomon [2013] …

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Tax: Planning for tax

Karen Eckstein and Frances Bailey highlight the impact of tax planning on financial provision ‘Even with expert evidence making assumptions in relation to contingent assets is a risky strategy to take, as demonstrated by Judge v Judge [2008].’The saying is that there are only two certainties in life: death and taxes; save that in fact …

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