WM v HM

Martin Pointer QC, Rebecca Carew Pole and Kyra Cornwall (instructed by Boodle Hatfield) for the Applicant Lewis Marks QC and Katie Cowton (instructed by RadcliffesLeBrasseur) for the Respondent Hearing dates: 28 February � 3 March 2017 ____________________

Reference may also be made to Re F (Children) [2016] EWCA Civ 546 , paras 22 - 23, which is to the same effect.

I then in [40] dealt with some factual aspects specific to that case, and continued at [41 - 44]:

The other two judges do not mention this argument. I am surprised that it was so lightly dismissed or disregarded as it seems to me to provide a useful heuristic basis for analysing the issue, which if commonly adopted would have the beneficial side effect of eliminating arid, abstruse and expensive black-letter accountancy valuations of a company many years earlier at the start of the marriage.

Note 1: The husband purchased the shooting estate at the end of last year, shortly before the pre-trial review. I then expressed the provisional view that I would regard that purchase as not having happened and would treat the husband as if he still had the relevant funds in his bank accounts. I maintain and confirm that view. The husband did not need to purchase this property at that time � it is not his primary home � and it would not be fair and reasonable to deduct from the pool of marital assets the costs and taxes of purchase let alone the notional costs of sale.