Spousal or civil partner periodical payments—overview

This Practice Note outlines how Duxbury calculations are constructed and applied in practice to the assessment and calculation of capitalised spousal or civil partner maintenance/periodical payments within financial remedy proceedings, setting out the underlying assumptions, the limitations, and the circumstances in which such calculations are suitable and practically appropriate. It also reviews the courts’ general approach to rates of return. The basis of Duxbury calculations A Duxbury calculation was originally conceived to determine, in substance, the capital sum required to fund a fixed-rate periodical payment for the remainder of the recipient’s life, that is, their actuarial life expectancy as projected. In November 2024, the Duxbury Working Group, which is self-selected, published its final report (following a provisional report in October 2024) addressing earlier criticisms and advancing proposals ‘to banish outdated concepts and generally to modernise the approach’, while confirming that ‘it will be a matter for the courts whether to adopt the recommendations’. The Duxbury calculations are available via At a Glance 2025–2026...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...