
Stephen Smith warns practitioners to keep an eye on the tax consequences of disposals set aside under s 37 of MCA 1973
What is perhaps interesting is that while the judgments by Mostyn J (No 1) and Sir Hugh Bennett (No 2) have attracted comment, there has been little discussion or consideration of the helpful tax analysis undertaken by Mostyn J in AC v DC (No 1) and clarification of the tax consequences arising from the setting aside of a disposition following an application under s 37 of the Matrimonial Causes Act 1973 (MCA 1973).
The final hearing, (No 2), came before Sir Hugh Bennett in the summer of 2012 and dealt with a number of issues, including pre-acquired