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hޤXÛrÛ¶}÷Wà It was almost all put into investments through a firm of investment advisers.
Had he said in his judgment that the starting point was the wife's needs but that in his discretionary exercise the award had to reflect the important factor of the wife's imprudence for which the husband was not to be held responsible, and had then arrived at a figure for periodical payments of £X, or £Y, or even no award at all, such a conclusion, in my judgment, might well have been unappealable. Mrs North denies that there was any follow-up conversation in which she confirmed that the clause had been removed.
The parties were married in October 1964 and had three children who are now all adult: Andrew born in November 1964, David born in 1967 and Catherine born in 1970. On the husband's part it had been asserted that he had bought off the nominal order and had simply failed to formalise its termination. She left for Australia before her house had sold and left Mr North to deal with that for her through a Power of Attorney. That, submits Mr Moor QC, should embrace the investment losses also, because they were a consequence of the choice and because a variation of a periodical payments order should not extend to replacing lost capital. Charles J rejected that submission, rightly in my view. However I would not necessarily, as the District Judge appeared to do, put the wife's investment losses into the same category. Appeal allowed. Zillow has 58,786 homes for sale in Michigan matching.
Mr North's building company had become profitable and the parties had a fairly affluent lifestyle. It is difficult to be sure of the extent of her losses; it was stated in the chronology submitted on her behalf that she lost 75% of an investment of £230,000. Of the rival submissions I find those of Mr Moor generally persuasive. In the alternative, the learned judge erred in law in determining that he had to consider whether or not the learned district judge was plainly wrong in the way that he had exercised his discretion when it was clear from his other findings that the matter was one of principle and should have been determined as such.3. Having found that there was "at least a very strong possibility" that, if the order for ancillary relief dated 24th February 1981 had been made after the 1984 amendments to the Matrimonial Causes Act 1973 came into force, the February 1981 order would have provided for a clean break, the learned judge erred in law in not dismissing the present application.2. She did indeed sell them. He made it plain that he was impressed by the third ground of appeal and not by the first. The reality would seem to be that he gave no, or no significant, discount at all despite what Charles J described in paragraph 46 as the husband's "powerful case that the wife is undeserving of an exercise of the statutory discretion to vary the nominal periodic payments".50. He apparently did not take legal advice before making any of the extra payments.
The enormous costs incurred by both parties in this case prohibit a remission to a judge; for that would inflate the costs even further. Although Mrs North's budget was examined in some detail in her evidence I do not propose to set out any detailed analysis of it here. Recreational. For reasons which I will explain, I do not agree with the District Judge's conclusion. What discount did he allow for the consequences of her choices?
Mr North petitioned for divorce and a Decree Absolute was pronounced on 7th December 1978. Mr North said that he gave her the money as recompense for the efforts she had made to help their son Andrew. ... V/L Youker Rd, LOT#WP001 Interlochen MI 49620 Grand Traverse County. From December 1998, Mrs North chose to give up this financial security in England for insecurity in Australia. The wife's relationship with the co-respondent was fairly short-lived.
hޤXÛrÛ¶}÷Wà It was almost all put into investments through a firm of investment advisers.
Had he said in his judgment that the starting point was the wife's needs but that in his discretionary exercise the award had to reflect the important factor of the wife's imprudence for which the husband was not to be held responsible, and had then arrived at a figure for periodical payments of £X, or £Y, or even no award at all, such a conclusion, in my judgment, might well have been unappealable. Mrs North denies that there was any follow-up conversation in which she confirmed that the clause had been removed.
The parties were married in October 1964 and had three children who are now all adult: Andrew born in November 1964, David born in 1967 and Catherine born in 1970. On the husband's part it had been asserted that he had bought off the nominal order and had simply failed to formalise its termination. She left for Australia before her house had sold and left Mr North to deal with that for her through a Power of Attorney. That, submits Mr Moor QC, should embrace the investment losses also, because they were a consequence of the choice and because a variation of a periodical payments order should not extend to replacing lost capital. Charles J rejected that submission, rightly in my view. However I would not necessarily, as the District Judge appeared to do, put the wife's investment losses into the same category. Appeal allowed. Zillow has 58,786 homes for sale in Michigan matching.
Mr North's building company had become profitable and the parties had a fairly affluent lifestyle. It is difficult to be sure of the extent of her losses; it was stated in the chronology submitted on her behalf that she lost 75% of an investment of £230,000. Of the rival submissions I find those of Mr Moor generally persuasive. In the alternative, the learned judge erred in law in determining that he had to consider whether or not the learned district judge was plainly wrong in the way that he had exercised his discretion when it was clear from his other findings that the matter was one of principle and should have been determined as such.3. Having found that there was "at least a very strong possibility" that, if the order for ancillary relief dated 24th February 1981 had been made after the 1984 amendments to the Matrimonial Causes Act 1973 came into force, the February 1981 order would have provided for a clean break, the learned judge erred in law in not dismissing the present application.2. She did indeed sell them. He made it plain that he was impressed by the third ground of appeal and not by the first. The reality would seem to be that he gave no, or no significant, discount at all despite what Charles J described in paragraph 46 as the husband's "powerful case that the wife is undeserving of an exercise of the statutory discretion to vary the nominal periodic payments".50. He apparently did not take legal advice before making any of the extra payments.
The enormous costs incurred by both parties in this case prohibit a remission to a judge; for that would inflate the costs even further. Although Mrs North's budget was examined in some detail in her evidence I do not propose to set out any detailed analysis of it here. Recreational. For reasons which I will explain, I do not agree with the District Judge's conclusion. What discount did he allow for the consequences of her choices?
Mr North petitioned for divorce and a Decree Absolute was pronounced on 7th December 1978. Mr North said that he gave her the money as recompense for the efforts she had made to help their son Andrew. ... V/L Youker Rd, LOT#WP001 Interlochen MI 49620 Grand Traverse County. From December 1998, Mrs North chose to give up this financial security in England for insecurity in Australia. The wife's relationship with the co-respondent was fairly short-lived.