Work v Gray
[2017] 2 FLR 1297). The availability of the concept has, however, been significantly circumscribed over the years. Three elements are necessary. These are taken from paragraph [140] of the judgment of Holman J at first instance but approved in this form in the Court of Appeal:-“(a)The characteristics or circumstances which would result in a departure from equality have to be of a wholly exceptional nature such that it would very obviously be inconsistent with the objective of achieving fairness for them to be ignored;(b)Only if there is such a disparity in the respective contributions of the parties to the welfare of the family that it would be inequitable to disregard it should this be taken into account in determining their shares (thus if the court completely fails to undertake a comparative evaluation of each party’s respective contribution [as Baker J failed to do in
- JUDGMENT
- The relevant history
- The breakdown of the marriage
- The relevant litigation
- Open Proposals
- Section 25 statement
- Supporting witness statements
- The schedule of assets
- The parties’ respective Position Statements
- The law I have to apply
- White v White
- K v L
- Miller/McFarlane
- Work v Gray
- XW v XH
- JL v SL (No 2)
- SK v WL
- Cowan v Cowan
- Evans v Evans
- S v S
- CO v YZ
- Wyatt v Vince
- Cooper-Hohn v Hohn
- Lucas
- British Railways Board v Herrington
- The evidence that I heard
- My conclusions – special contribution
- My conclusions – post-separation endeavour
- Postscript
