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Is coronavirus a Barder event?

May 28, 2020, 14:04 PM
This article considers whether supervening events that occur as a consequence of Covid-19 are different: whether the current crisis is different both in nature and scale whereby, in certain limited cases, a party may be able to distinguish Myerson and successfully reopen a final order.
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Date : May 27, 2020, 23:00 PM
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Alexander Chandler, 1 King's Bench Walk

Everyone remembers the case of Barder and the strict conditions which have to be before a court reopens a final financial remedy order because of a supervening event. Many practitioners will recall Myerson where, as a result of the 2008 Global Financial Crisis, the husband’s business was almost wiped out. Mr Myerson’s attempt to reopen the final order was given short shrift by the Court of Appeal, who considered that such market turbulence was not unforeseeable, but was part of the natural process of price fluctuation. 

This article considers whether supervening events that occur as a consequence of Covid-19 are different: whether the current crisis is different both in nature and scale whereby, in certain limited cases, a party may be able to distinguish Myerson and successfully reopen a final order. 


The full article will be published in the June issue of Family Law

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