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Family Law

The leading authority on all aspects of family law

19 APR 2010

ANCILLARY RELIEF/PENSIONS: H v H [2009] EWHC

(Family Division; Baron J; 26 November 2009)

The issue in this case was whether the wife's pension share should have been expressed as simple percentage or as a sum converted into a percentage. The wording of 1999 Act did not trump specific provisions of s 21(A).

Held that although the court could calculate the percentage by taking the precise capital sum that seemed appropriate and undertaking a calculation to determine the relevant percentage, the result must be specified only in percentage terms, and not 'such sum as will give such percentage'.

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