For the purposes of formulating an order under section 20 of the Property (Relationships) Act 1984, the most recently available property valuations must be used, even if earlier valuations were used to assess the growth in the asset pool during the relationship. Section 100 of the Civil Procedure Act 2005 does not provide power to award interest in s 20 proceedings. If interest is to be awarded as part of a just and equitable adjustment, the trial judge must give specific consideration to why interest is appropriate, the sum on which it is payable, and the rate, having regard to all relevant factual features including any benefits already enjoyed by the applicant. Once an overall proportional split has been determined, factors beyond contributions (such as care and custody of children) may be considered in allocating specific assets, provided those factors are not foreign to the structure and purpose of the legislation.
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