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See you in court, AGAIN: variation applications – clarity or confusion?
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Aimee Fox, 3PB
Michael George, 3PB
3PB Barristers Michael George and Aimee Fox review variation applications in the latest issue of Family Law, contrasting the treatment of the applications for variation in income awards with those for non-income/capital provision.
The feature reviews two key cases of BT v CU and T v T, offers a postscript on PAG Report 2019 and suggests several lessons learnt from these important cases for financial remedy proceedings, notably:
- The test for varying the quantum or rights vested under a non-income/capital award is either very high or in the alternative they are not amenable to variation as to quantum and these two strands of thinking persist for the moment.
- Practitioners should be mindful that an order for a series of lump sums may be deemed to be a camouflaged order for a series of lump sums and care needs to be made when advising and drafting.
- The costs rules as drafted seem logical in the context of applications for variation of non-income/capital awards
- Practitioners should be wary of inadvertently giving impermissible regulated financial advice if there is an option for internal transfer.
The full article will be published in the February issue of Family Law.
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Read the full article here.
