header-logo header-logo

Special effects

10 February 2017 / Elizabeth Carson
Issue: 7733 / Categories: Features , Family
printer mail-detail
nlj_7733_carson

Will the Court of Appeal provide some helpful guidance on the doctrine of “special contribution” in Work v Gray, asks Elizabeth Carson

  • Can a departure from an equal division of the assets be justified if one party generates significant wealth?
  • A lack of clarity in previous cases means that practitioners are hoping for practical guidance on what constitutes a contribution that is special enough.

This month’s Court of Appeal hearing of Work v Gray may decide the fate of the “special contribution” argument in matrimonial cases.

The husband, who had generated a fortune of $300m during the course of the marriage, argued that he had made a “special contribution” that necessitated a departure from equality in his favour. Mr Justice Holman disagreed, and divided the assets equally between husband and wife (see [2015] EWHC 834 (Fam)). Last year the Court of Appeal granted permission to the husband to appeal (see [2016] EWCA Civ 286).

What does it mean to make a “special contribution”?

When considering how to divide family assets in a divorce, judges

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