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03 February 2017 / Kerry Fretwell
Issue: 7732 / Categories: Features , Family
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Pension predicament

Is the sharing of overseas pensions now at an end, asks Kerry Fretwell

  • ​This article looks at a recent case involving Mr Justice Mostyn where he rules that foreign pension sharing orders are no longer available for the English Courts.

The case of Mr and Mrs Goyal is an extraordinary one to read and like many extraordinary and contentious cases, it appears to be breaking new ground for family lawyers. The basic facts are as follows. The parties married in September 2003 and have one daughter who is now 9. They separated in 2011 and the acrimonious proceedings since then have involved, as case law reports, 65 separate orders concerning child arrangements, the finances and the divorce proceedings. The divorce has not yet been finalised. Mr and Mrs Goyal are under 40 and Mr Goyal has a career in banking but has become addicted to spread-betting. Having initially been successful in his spread-betting ventures and winning about £40,000 over two years, he moved to London in 2005 and the winning streak stopped. From losing £5,000 in 2005, he lost £100,000 in 2007 and the losses continued

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NEWS
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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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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