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Is coronavirus a Barder event?
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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.
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