Barder grounds – 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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Financial provision: Risky business

David Wilkinson analyses a recent decision on an application to set aside based on the impact of Covid-19 on asset values In FRB v DCA (No 3), a dearth of evidence regarding the specific impact of the pandemic on the husband’s extensive asset base, which ranged across various countries and industries, coupled with unfavourable findings …

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