Thwaite jurisdiction – 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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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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