header-logo header-logo

09 June 2017 / Bethan Thomas
Issue: 7749 / Categories: Features , Family
printer mail-detail

Special enough? The doctrine of special contribution

What guidance on special contribution, if any, has been given by the Court of Appeal in Work v Gray, asks Bethan Thomas

  • Work v Gray provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which have already been set out in previous cases.

The Court of Appeal acknowledged that the appeal in Work v Gray [2017] EWCA Civ 270, [2017] All ER (D) 61 (Apr) on the doctrine of ‘special contribution’ provided ‘an opportunity for this court to review the issue of special contribution and its proper scope, if any, when the court is determining a financial claim under the Matrimonial Causes Act 1973’. Unfortunately, however, the judgment provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which had already been set out in the previous cases of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1, and Charman v Charman (No 4) [2007] EWCA Civ 503, [2007]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll