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