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Introduction
Could the Covid-19 pandemic constitute a Barder event? This was a hot topic of debate among family lawyers last spring as it became clear that the pandemic would bring serious economic disruption in its wake. Given the caselaw following the 2008 financial crash, most commentators were dubious about the prospects of such claims succeeding, and Mr Justice Cohen s judgment in
FRB v DRC (No 3) [2020] EWHC 3696 (Fam) suggests that their doubts were well-placed. However, the evidential weakness of the application before the court leaves open the possibility of a different result in a stronger case.
When can the court re-open capital settlements based on subsequent events?