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13 August 2009 / Caroline Lonsdale
Issue: 7382 / Categories: Features , Divorce , Family
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Caveat emptor

Recent decisions have confirmed the finality of capital orders, says Caroline Lonsdale

The common law doctrine of caveat emptor could arguably apply to parties considering settlement proposals in ancillary relief proceedings.

There have been a number of recent cases in which the theoretical difference in percentage awards as between husband and wife has altered dramatically following events which have taken place not long after the signing of a consent order.

There are two complementary policies being pursued by the Court of Appeal at present; The first concerns non-disclosure on which the court is taking a robust approach. If a party can satisfy the Livesey v Jenkins test [1985] AC 424, [1985] 1 All ER 106 to show that full and frank disclosure has not been made, the consent order may be set aside; The second is that capital orders are essentially binding and final unless a vitiating factor is shown.

This article considers the recent decision in Walkden v Walkden [2009] EWCA Civ 627, [2009] All ER (D) 266 (Jun) which underpin the principle that  acceptance of risk will prevent a party from setting

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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