Enforcement: Another chapter

Shedden Family Law | Family Law Journal | April 2015 #145
Mena Ruparel outlines recent developments in Prest and the requirements to be satisfied on a judgment summons application ‘An application for a judgment summons is quite a rare beast and an unusual enforcement method: the burden of proof is the criminal standard, ie beyond a reasonable double, and not the civil standard.’ The Supreme Court …

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Financial Provision: Divisional conflict

Brachers | Family Law Journal | June 2013 #127
Stephen Smith highlights areas of conflict between family law and other divisions and the potential issues that may arise ‘The Supreme Court will decide in Prest whether the need for a fair result on the family issues enables private corporate arrangements to be disrupted and the corporate veil pierced.’ As a family lawyer I, along …

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Financial Provision: Predictions on Prest

Thomson Snell & Passmore | Family Law Journal | April 2013 #125
Kirstie Law outlines the background in Prest v Prest and the issues before the recent appeal in the Supreme Court In family cases, there is no arm’s length dealing and, if a spouse is able to hide assets behind a corporate structure, a just outcome in financial remedy proceedings may be impossible to obtain. Family …

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Corporate Assets: Divisional divide

Withers LLP | Family Law Journal | December 2012/January 2013 #122
James Copson analyses the impact of Petrodel v Prest and the repercussions for family lawyers Rimer LJ made it clear that the husband helping himself to the companies’ assets did not alter the status of the companies as separate entities from the owner of their shares. The Court of Appeal decision in Petrodel v Prest …

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