Family Law Hub

Ratcliffe v Ratcliffe [2021] EWCA Civ 247

The husband appealed from the final financial remedy order. The issue at the heart of the appeal was whether the judge's determination of the £3.4m award he made in favour of the wife was flawed because it was based in part on a flawed figure for the parties' capital resources advanced on behalf of the wife. Moylan LJ came to the conclusion that the judge's decision was indeed flawed for that reason and had to be set aside. The figures that each side had put forward for the judge had been similarly flawed in their approach. He considered whether the Court of Appeal was able to substitute its own decision but he concluded that it could not. Popplewell and Phillips LJJ agreed, and the case was remitted to the same judge for rehearing.

Judgment, published: 03/03/2021

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Published: 03/03/2021

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