S.D. or S. v P.C.S.

�64,065.00 Contents �5,100.00 �2,237.00 Company Pension Interest �363.280.00 �383,688.00

Scottish Widows �30,075.00 NPI(1) �26,548.00 NPI(2) �39,959.00 Norwich Union Plan �21,985.00 Equity & Law �19,094.00 �137,661.00 Scottish Widows �37,585.00 Norwich Union �21,941.00 AXA Equity & Law �19,163.00 �78,689.00 PEP's �130,501.00 �102,206.00 Shares �324,144.00 �85,347.00 Cars �109,600.00 �60,000.00 Premium Bonds �1,500.00 Bank Accounts:-

Bank of Scotland Savings Account �36,750.00 Building Society Accounts �382,307.00 �50,732.00 Fishing Rights �32,300.00 AXA Policy �105,718.00 TOTAL �1,654,676.00 �1,118,248.00 GRAND TOTAL �2,772,924.00 (b) The defender's shares - and the incidence of capital gains tax

"The net value of the matrimonial property shall be the value of the property at the relevant date after deduction of any debts incurred by the parties or either of them - (a) before the marriage so far as they relate to the matrimonial property and (b) during the marriage, which are outstanding at that date".

"However in my opinion there is no reason why such a notional tax should be deducted. In this connection I do not doubt that the reference to 'net value' in the 1985 Act presupposes a hypothetical realisation of the parties' wealth but it is just that, namely a hypothetical realisation, and accordingly I cannot see why one should have regard to a notional tax liability which is without foundation in reality".