Financial remedies is an ever-evolving field, making it difficult for practitioners to advise their clients with certainty. Within this fluid field, advising what might constitute a Barder event is perhaps one of the hardest aspects. Only through seeing how the jurisdiction was established and how it has evolved can practitioners gain some confidence in analysing where a set aside application might be justified, particularly with the nuanced considerations applying to a certain category of Barder event, e.g. economic change.
Featuring a foreword by Edward Boydell KC, this book goes back to the beginning, tracing the evolution of the jurisdiction from the originating case of Barder up to the most recent case law including the raft of Covid cases. Barder events (or attempted events) are categorised and ancillary considerations like costs and procedure are discussed, along with the similar (but different) jurisdiction stemming from the case of Thwaite. This book lastly proposes an authoritative checklist for a Barder application drawn from analysing the plethora of relevant cases.
