Thwaite v Thwaite [1981] 2 FLR 280 – Law Journals

Financial provision: Exploring the options

Ellie Foster considers a decision of Mostyn J on set aside and transparency in financial remedy proceedings In assessing unforeseeability in the context of a change of asset value, the court should focus on the economic impact of the event rather than its cause or nature. The onset of the Covid-19 pandemic in early 2020 …

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Barder: Exceptional and rare

Cate Maguire looks at how the Barder principle has been applied in cases involving ‘known unknowns’ Neither of the decisions in S v T and HW v WW represent a restriction or characterisation of the Barder principle, but rather affirmation of its exceptionality, even in these most unusual times. The family courts have recently had …

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Thwaite jurisdiction: The significance of change

Hannah Currie considers a decision in complex financial remedy proceedings where the court was concerned with the application of the Thwaite jurisdiction in relation to a Rose order When looking at whether the Thwaite jurisdiction applies, a key point to consider is whether there has been a material change in the circumstances since the order …

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Variation: Opening the door

Andrew Scott examines a long-running case as to the revision of a final order to reflect subsequent events and the jurisdiction of the court to do so ‘In Bezeliansky, the Court of Appeal approved Thwaite and confirmed the court’s power to vary an order, or make a new order, when new evidence is presented and …

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Enforcement: Into thin air

Laura Guillon analyses a Court of Appeal decision where international assets and a reluctant party prevented the implementation of a financial consent order ‘The test for determining one or more of the circumstances in which a final consent order may be reviewed will vary, as while, for example, it is necessary to prove a fraud …

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