Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

28 JUN 2012

FINANCIAL REMEDIES:Ezair v Ezair

(Court of Appeal, Thorpe, Rimer, Black LJJ, 31 May 2012) 

In financial proceedings following divorce the parties' forensic accountants agreed on a valuation of the matrimonial assets and the parties agreed to share those assets equally. The wife sought a number of privately owned properties and a lump sum of £322,000. She also alleged litigation misconduct by the husband. The judge ordered husband to pay the wife £500,000 taking into account the litigation misconduct allegations. The husband appealed.

The judge had been justified in awarding the wife all of the liquid assets but had fallen into error in combining a wasted costs payment with the lump sum. The orthodox method was to assess the lump sum in accordance with s 25 of the MCA 1973 and then to make a distinct costs order. The wife was awarded £322,000 and an order that the husband pay the wife's costs she had unnecessarily incurred, to be assessed by the trial judge.

Family Law

journal

"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters