header-logo header-logo

26 March 2010
Issue: 7410 / Categories: Case law , Law digest
printer mail-detail

Family

D v D [2010] EWHC 138 (Fam), [2010] All ER (D) 162 (Mar)

The “need principle” might have a large and informative and possibly determinative part to play in assessing a departure from equality, but an assessment applying the sharing principle in all the circumstances still had to be carried out. A departure from equality would generally not reduce an award below the amount of an award based on need.

When determining whether there should be a clean break, the points to be considered were: (a) the assessment of the risk that the lump sum or lump sums ordered could not be paid absent a sale of the shares or a liquidation of the company; (b) the assessment of the consequences of such a sale should that risk materialise; and (c) the assessment of the fairness of an award premised on a sale of the company at the present time. A true clean break based on a lump sum or two or more lump sums could not be achieved fairly, notwithstanding the advantages to both sides that would flow from such an award.
 

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll