tag:blogger.com,1999:blog-8512575049150642404.post5739349368175729823..comments2023-06-26T14:27:19.764+01:00Comments on A(nother) lawyer writes: Petrodel and others v Prest and others: "That must now cease"James Wilsonhttp://www.blogger.com/profile/05200860773221870979noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8512575049150642404.post-15202619715408672192012-11-20T21:07:23.625+00:002012-11-20T21:07:23.625+00:00The reality is there is a major flaw in the law. T...The reality is there is a major flaw in the law. That is what needs to be addressed. Everyone knows it but to date no one is "man" enough to deal with it. So we continue to hide behind an unfair legal system. Life isn't fair but that should not excuse one from following one's conscience and doing the right thing. Change can only happen if someone plucks up the courage to rock the boat. Let's hope someone is courageous enought to do so.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8512575049150642404.post-63972201062867720002012-11-18T21:08:55.617+00:002012-11-18T21:08:55.617+00:00Many thanks for that - I also wondered if the cou...Many thanks for that - I also wondered if the court could not simply make different orders reflecting the reality without breaching company law. But, as you say, the problem is then one of enforcement. James Wilsonhttps://www.blogger.com/profile/05200860773221870979noreply@blogger.comtag:blogger.com,1999:blog-8512575049150642404.post-43954792798982471842012-11-18T20:31:14.538+00:002012-11-18T20:31:14.538+00:00It is difficult to argue with the legal logic of t...It is difficult to argue with the legal logic of the majority in the Court of Appeal, much as we family lawyers would like to. However, although the decision meant that company property couldn't be transferred directly, the ability of the court remains to make orders against the company owning spouse in the expectation that he can get the money from the company - the Thomas v Thomas approach. The problem is effectively one of enforcement then.<br /><br />Nigel Shepherd @topfamilylawyerNigel Shepherdnoreply@blogger.com