And justice for all
By assessing business assets and tax liability, forensic accountants can assist the court to reach a decision that is fair to both parties in a divorce case, says Howard Paskins
Proprietorial interests-One of the key aspects of the White case concerned proprietorial interests in the assets concerned. Is the proprietorial interest important? Following the Court of Appeal judgment it was thought that one should have regard to the parties’ proprietorial interests. This approach was rejected in the Lords. It indicated that although proprietorship is of considerable importance, it should not be allowed to dominate the picture. However, a broad assessment of the parties’ financial position should be ascertained. In the White case a strict legal approach would have led to complex argument over among other things the ownership of milk quota, which in itself could have given rise to a whole case on its own.
This premium content is reserved for
Legal Week Subscribers.
A PREMIUM SUBSCRIPTION PROVIDES:
- Trusted insight, news and analysis from the UK and across the globe
- Connections to senior business lawyers within the leading law firms and legal departments
- Unique access to ALM's unrivalled, market-leading reporting in the US and Asia and cutting-edge research, including Legal Week's UK Top 50 and Global 100 rankings
- The Legal Week Daily News Alert, Editor's Highlights, and Breaking News digital newsletters and more, plus a choice of over 70 ALM newsletters
- Optimized access on all of your devices: desktop, tablet and mobile
- Complete access to the site's full archive of more than 56,000 articles
Already have an account? Sign In Now
For enterprise-wide or corporate enquiries, please contact Paul Reeves on Preeves@alm.com or call on +44 (0) 203 875 0651