Chris Bryden and Kate Jones compare and contrast the Civil Procedure Rules 1998 and the Family Procedure Rules 2010 on key areas of overlap ‘Questions have arisen regarding the exposure to media reporting of trustees who are joined to financial remedy proceedings, or who disclose information that is likely to be disclosed in family proceedings, …
Continue reading "Practice And Procedure: Collision course"
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Vicki McLynn details the courts’ approach to persistent applications under Sch 1 and whether standard of living should be a consideration ‘Bodey J noted that the mother sought an income to enable the child to replicate his father’s life but “almost without regard to the fact that he is a seven-year-old growing up in London”.’ …
Continue reading "Schedule 1: Lifestyle comparisons"
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Wills & Trusts Law Reports | September 2015 #152The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.
J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...
Frances Bailey and Adrian Clossick look at the potential impact of the Supreme Court decision in Wyatt v Vince ‘Successful applications [for financial provision] after a lengthy period of separation are likely to be rare and in the authors’ view limited to cases where (per Rossi) “there has been a very good reason for the …
Continue reading "Financial Provision: Limited consequences?"
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