Family Finance Flyer Issue 39

The Backwaters of s 33 of the MCA and reclaiming overpayments

Wilson LJ, as he then was, in the Court of Appeal judgment of the case of Radmacher v Granatino [2010] complained about the interpretation of ss 34 and 35 of the MCA by Baroness Hale in Macleod [2008] as an analysis of two sections which had been ‘dead letters’ for more than 30 years and which ‘To the best of my recollection, neither at the bar nor on the bench have I been party to a case in which they have even fallen to be considered…’.  Click here to read more.