June 2011 #107 – Law Journals

Companies: Corporate raiders

Frances Bailey and Steven Watson examine the options when dealing with family businesses ‘A lump sum payment may be ordered if it is established or accepted that the party will be able to extract liquidity out of the company to meet that payment.’When it comes to negotiating financial settlements, finding the right result for our …

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Valuations: Assessing assets

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Robert Holland considers the forensic accountancy aspects of valuations and earning capacity in the Court of Appeal’s decision in Jones v Jones ‘In light of the current pace of change and technological development it is by no means fanciful to consider that valuable and high earning skills today could become redundant at some point in …

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Cohabitation: Moving on

Margaret Hatwood outlines the court’s approach when a payee under a financial order cohabits ‘On a variation application, the court will look at the financial impact of any cohabitation on the needs of a payee. A cohabitant is expected to pay their way, and if a cohabitant can more than pay their way then this …

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Financial Provision: Revisiting orders

Hannah Clark analyses the limited circumstances in which the courts will reopen a final financial order ‘The courts are paying clear regard to the floodgates argument, through their restrictive application of the principle of finality in litigation and their constant reiteration of the extraordinariness of Barder events.’As family lawyers, we are well accustomed to the …

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Pensions: Out with the old

David Salter contemplates recent legislative changes to pension provisions It would be wrong to think that the Family Proceedings Rules 2010 simply replicate the pension provisions of the Family Proceedings Rules 1991 with nothing more than an updating of terminology.’On 6 April 2011, not only did we see the new pensions procedures in the Family …

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International: Crossing borders

David Hodson highlights the provisions of the new EU maintenance regulations ‘The separation of resolution of maintenance and non-maintenance is completely normal for continental European family lawyers, but completely alien and seemingly very strange to English practitioners.’ On 18 June 2011, the EU Maintenance Regulation of 18 December 2008 will apply directly within English domestic …

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