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The courts’ jurisdiction to vary capital orders

Date:20 APR 2018
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Family analysis: Clare Williams associate at JMW Solicitors LLP examines the limited scope for the variation of capital orders and diverging judicial views on the jurisdiction of the court to make an interim order for sale in the case of SR v HR [2018] EWHC 606 (Fam) [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.

What are the practical implications of the judgment?

This case should remind us that there are few if any back door routes to the variation of a capital order made in financial remedy proceedings.

It is also an object lesson in advising clients about the risks of pursuing or defending an appeal when costs do indeed follow the event. The wife who like the husband appeared in person defended the appeal in circumstances that really did appear to be hopeless. She ended up paying £10 000 costs to the intervening trustee in bankruptcy and disbursements of £866 to the husband.

It is perhaps understandable that the wife found it difficult to turn her back...

Read the full article here.