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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll