A court should always be cautious about making findings/orders on alternative bases ‘just in case’, as this will over-complicate things which will be held easy.

The court’s making of an order setting aside a disposition under s37 MCA 1973, when no application had been made and no submissions on that basis heard, and when in any event the husband had been found to hold the beneficial interest in the relevant property in this instance. The court consequently permitted the appeal on two grounds but this would not cause any alteration for the order that is final in economic treatment procedures, and failed to need the putting away of the purchase in its totality as looked for because of the appellant together with spouse.

The Parties & BackgroundThis ended up being the appeal that is second economic treatment proceedings.

Mrs study, the husband’s mother, had been the appellant in this appeal, together with been the two nd respondent in the beginning example. (more…)