The potential significance of BT v CU: an in-depth examination
An article by Elizabeth Wark has been published in the March issue of Family Law.
In Part 1 of this article Elizabeth considers the test for foreseeability to be applied in Barder cases and the evidence and disclosure in set aside applications.
In Part 2 Elizabeth examines the criticisms and suggested curtailment of the Thwaite jurisdiction, when , if at all, the quantum of an order that a party pay a lump sum by instalments might be variable and useful practice points for practitioners.
The link can be found here.