A court should really be cautious about making findings/orders on alternative bases ‘just in case’, as this might over-complicate issues that should 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 would not need the putting away of the purchase in its totality as tried because of the appellant together with spouse.

The Parties & BackgroundThis had been the 2nd appeal in economic treatment procedures.

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