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26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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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.
 

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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