Vanessa McMurtrie analyses a recent decision on improperly obtained documents and assesses the dominance of needs in middle-income cases ‘In some circumstances you may be placed in immediate professional difficulty in relation to illicitly obtained materials, as your duty to your client will be in conflict with your duty as an officer of the court.’ …
Continue reading "Financial Provision: Needs and misdeeds"
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Wills & Trusts Law Reports | December 2013 #135The transcript of this judgment is reported in part from para 164 onwards and starts with a discussion of the law. No part of the report provides a factual narrative.
Held (allowing the wife’s claim for financial relief):
The court had power on divorce to order a party to the marriage to transfer to the other party such property as may be so specified to which that party was entitled, either in possession or reversion. In this case almost all the wealth created by the husband during the course of the marriage was held through offshore company structures and the ques...
Sarah Woodsford and Mary Gaskins summarise guidance and practice points on freezing orders in UL v BK (Freezing Orders: Safeguards: Standard Examples) ‘There has to be proof of an intention to dissipate, which means a deliberate or reckless dealing in relation to assets, rather than some random event unconnected to the motives of the respondent.’ …
Continue reading "Freezing Orders: A judicial warning"
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Julian Bremner examines whether the decision in Thursfield v Thursfield makes it more likely or not that committal orders in family proceedings will be made ‘There is a perception in the profession that the courts are deeply reluctant to imprison a defaulting party for what can be seen as the “white collar crime” of ignoring …
Continue reading "Enforcement: Civil commitment"
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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 …
Continue reading "Financial Provision: Divisional conflict"
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Rupert Cowper-Coles outlines the circumstances in which media law may be relevant in family proceedings ‘Family law is inherently a practice area loaded with both highly sensitive information and highly charged emotions, while media law essentially governs the communication of such information.’ It is common for Article 8 of the European Convention on Human Rights …
Continue reading "Media Law: Sticks and stones"
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Jessica Craigs takes a topical look at privacy, phone hacking and computer misuse ‘It is highly unlikely that a judge would agree to the family computer being impounded on the mere suspicions of a spouse coupled with a quick look at the internet history.’It was with morbid fascination that I listened to a radio programme …
Continue reading "Privacy: Private affairs"
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