header-logo header-logo

Caveat emptor

13 August 2009 / Caroline Lonsdale
Issue: 7382 / Categories: Features , Divorce , Family
printer mail-detail

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll