Myerson v Myerson

Myerson v Myerson

A dramatic fall in the value of assets due to market fluctuations, even if severe, does not constitute a Barder event justifying the setting aside or variation of a final consent order for ancillary relief. The order was the product of the parties' agreement, the risk of fluctuation was foreseeable, and statutory variation powers for instalments are sufficient to address hardship. The appeal fails on the application of established principles and additional grounds, including the speculative nature of the husband's position and the existence of statutory remedies.

Parties
Appellant: Brian Alan Myerson; Respondent: Ingrid Diane Myerson
Jurisdiction
England and Wales
Judgment Date
01 April 2009
Procedural Posture
Civil Appeal (ancillary Relief/family) / Appeal From High Court (family Division) Judgment on Ancillary Relief Order
Outcome
Appeal dismissed (permission granted but appeal fails)
Legal Topics
Ancillary Relief, Variation of Consent Orders, Barder Events, Financial Provision on Divorce
Family Law Ancillary Relief Variation of Consent Orders Barder Events Financial Provision on Divorce

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Parties

Brian Alan Myerson

Appellant

Ingrid Diane Myerson

Respondent

Procedural Posture

Civil Appeal (ancillary Relief/family) / Appeal From High Court (family Division) Judgment on Ancillary Relief Order

Legal Issues

  1. 1 Whether a dramatic fall in the value of assets after a consent order justifies setting aside or varying the order under the Barder principles
  2. 2 Whether the global financial crisis and collapse in share price constitute a 'Barder event'

Ratio Decidendi

A dramatic fall in the value of assets due to market fluctuations, even if severe, does not constitute a Barder event justifying the setting aside or variation of a final consent order for ancillary relief. The order was the product of the parties' agreement, the risk of fluctuation was foreseeable, and statutory variation powers for instalments are sufficient to address hardship. The appeal fails on the application of established principles and additional grounds, including the speculative nature of the husband's position and the existence of statutory remedies.

Court Disposition

Appeal dismissed (permission granted but appeal fails)

Orders

  • Application for permission to appeal granted
  • Appeal against the consent order of 19 March 2008 dismissed