Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted In Goodyear, it was necessary to understand the rationale for the pension share agreed, particularly given the flexible nature of pensions and the fact that in many cases they are treated …
Continue reading "Set aside: Right outcome, wrong route?"
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Matt Vincent considers the circumstances in which a financial order may be set aside and the available scope in cases involving a significant change in asset values In CB v EB Mostyn J found that where there is an inconsistency between statute and a practice direction, it is the practice direction that must be declared …
Continue reading "Set aside: Original thinking"
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Matthew Taylor analyses a case involving an order obtained by fraudulent conduct and the steps that may be taken by the court in such cases ‘If fraud is established, the order must be set aside unless the court is satisfied that the fraud would not have influenced a reasonable person to enter into the order …
Continue reading "Set aside: Dealing with dishonesty"
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Wills & Trusts Law Reports | June 2016 #160The claimant and first defendant were husband and wife and joint freehold owners of a property in the UK where they lived. Up until March 2006 the claimant and first defendant were treated as domiciled in South Africa. However, from 6 April 2006 they would be treated as domiciled in the UK for inheritance tax purposes. In November 2005 the claimant took advice on mitigating the consequences of being treated as domiciled in the UK for the purposes of inheritance tax. He was advised that his position would be improved if he placed the property into an interest in possession settlement.
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