January 16, 2010
Hvorostovsky v Hvorostovsky  EWCA 791 and McFarlane v McFarlane  EWHC 891
It would be remiss of this service, when leaving 2009 behind, not to make mention of these two cases as both have moved the jurisprudence on in relation to the section 25 exercise, albeit their individual facts are less important. The latter case was reported much earlier in the year, but the length of the reported judgment (again by Charles J as a serial offender) caused many of us to put its reading on our ‘to do’ list. In case that list has now become for some their New Year resolution list, then below I concentrate not on the detail of either case, but rather on the impact of certain dicta from the two decisions on everyday advice to relevant clients. Click here to read more.