Read v. Panzone & Anor [2019] EWCA Civ 1662

A court should be wary of making findings/orders on alternate bases ‘just in case’, as this can over-complicate matters which should be kept simple. In this instance, 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. The court therefore allowed the appeal on two grounds but this did not cause any alteration of the final order made in financial remedy proceedings, and did not require the setting aside of that order in its totality as sought by the appellant and the husband.