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Financial remedies pot pourri (February 2016 to June 2016)

Date:5 JUL 2016
The article continues Christopher Sharp QC’s regular reviews of the more important recent financial remedy cases this one covering the period from February 2016 to mid-June 2016.

We are cursed with excessive reporting of cases many of which are mere examples of established principles. An example is Besharova v Berezovsky [2016] EWCA Civ 161 which was an appeal from a decision interpreting the wording of a consent order in which it was common ground that the principles applicable to the construction of a consent order are the same as those applying to a commercial contract. This author can see in it no new principle merely a reminder that consent orders must be carefully drafted. There are also cases which hit the headlines but which merit no legal reporting and Hart v Hart [2016] EWCA Civ 497 (where H sought to challenge the judge’s refusal to adjust his assessment of W’s needs by reference to her cohabitation with another man) was one which was merely a refusal of leave to appeal decided on its own facts. Munby P rejected the contention that Mostyn J’s...

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