header-logo header-logo

Seeing clearly

01 November 2013 / Stephen Smith
Issue: 7582 / Categories: Features , Family
printer mail-detail
istock_000001015637medium

Stephen Smith warns practitioners to keep an eye on the tax consequences of disposals set aside under s 37 of MCA 1973

The case of AC v DC (No 1) [2012] EWHC 2032 (Fam), [2012] All ER (D) 380 and AC v DC (No 2) [2012] EWHC 2420 (Fam), [2013] All ER (D) 11 (Apr) has been subject to comment, in various guises, over the past few months (see “Scuppering unscrupulous spouses”, NLJ, 7 June 2013, p 14).

What is perhaps interesting is that while the judgments by Mostyn J (No 1) and Sir Hugh Bennett (No 2) have attracted comment, there has been little discussion or consideration of the helpful tax analysis undertaken by Mostyn J in AC v DC (No 1) and clarification of the tax consequences arising from the setting aside of a disposition following an application under s 37 of the Matrimonial Causes Act 1973 (MCA 1973).

The final hearing, (No 2), came before Sir Hugh Bennett in the summer

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The threat of section 21 ‘no fault’ eviction was banished this week, after the Renters’ Rights Act 2025 passed into law
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll