Undue influence: On the side of caution

University of Greenwich | February 2023 #220
Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …

Continue reading "Undue influence: On the side of caution"

This post is only available to members.

Schedule 1: Setting boundaries

Hall Brown | June 2022 #214
Matthew Hodgson and Edward Davison highlight a Sch 1 claim where the court considered the approach to indebtedness and provision to allow for future career development A claim for maintenance which is earmarked for a parent’s career development falls on the wrong side of the line between a claim which is for the benefit of …

Continue reading "Schedule 1: Setting boundaries"

This post is only available to members.

Liabilities: Minding your P v Q

Slater Heelis | June 2022 #214
David Wilkinson sets out the key principles to be applied in cases involving obligations owed by the parties and what may categorise a debt as hard or soft A hard obligation should appear on the judges’ computation table but where an obligation is in the category of a ‘soft’ obligation or loan, the judge may …

Continue reading "Liabilities: Minding your P v Q"

This post is only available to members.