Cordelia Williams reviews the case law on adjourning capital claims, gives suggestions of when it may be a fair solution, and sets out important practical considerations when proposing such an outcome.
It is rare for a party’s capital claims to be adjourned – but post-pandemic/post-lockdown it is an outcome that may be more often appropriate where the value of a capital asset (e.g. a business) is expected to increase.
Advice pre-proceedings can be critical to decide whether it is preferable to apply for a lump sum or whether delaying such an application is more advantageous.
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