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The case of Myerson is a further case clarifying the rules in Barder. The husband and wife had divorced shortly before the financial crisis. At that time, their assets were worth around £25 million, around £15 million of which were made up of shares in the husband’s company. The husband had retained these shares as part of a settlement which saw him keep 57% of the couples’ assets.
In the months following the settlement, the company suffered as a result of the financial crisis and the value of the husband’s shareholding fell by around 90%. The husband applied back to the court, arguing that since the shares had fallen so dramatically, it constituted a Barder event and justified the re-opening of proceedings.
The court found against him, holding that the natural fluctuation in prices (even on a scale this dramatic) did not constitute a Barder event.
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