Barder, Thwaite, lump sums and anonymity (BT v CU)

Article summary

Family analysis: This case concerned an application by the husband (made in April 2020) to set aside parts of a final financial order (made only in October 2019) on the basis that the coronavirus (COVID-19) pandemic constituted a Barder event which justified setting aside parts of the final financial order. The judgment makes important references to the Thwaite jurisdiction, the variability or otherwise of a lump sum payable by instalments and the move away from anonymity in financial remedy judgments. Although the primary issue may have been the Barder principle, arguably the biggest aspect for practitioners is the warning regarding the lack of anonymity in the reporting of future financial remedy judgments and the impact this will have on the way parties choose to litigate the financial disputes relating to their separation. This is especially so where judges at all levels are being encouraged to report 10% of their judgments annually, which is of significance not only in big money cases. Michael Allum,...