Lehna Hewitt considers when information from financial remedy proceedings can be disclosed in related legal proceedings ‘In considering whether to make an order for disclosure, the court has to weigh up competing interests, namely confidentiality versus public interest.’Where criminal proceedings arise in relation to a child, in addition to care proceedings, it is recognised by …
Continue reading "Disclosure: Behind closed doors"
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Wills & Trusts Law Reports | July/August 2016 #161This appeal concerned the estate of Lady Edwards-Moss (the deceased) who died on 8 February 2007. The executors of her estate appealed against a determination under s221 IHTA 1984. HMRC argued that the liability arose on two alternative bases. First, the transfer of a freehold farm in return for an annuity on 23 January 2007 (very shortly before her death) was ineffective (either on the basis that it was legally ineffective or under the reservation of benefit rules). Alternatively, this was a transfer at an undervalue, and therefore a transfer of value on which an IHT liability ...
Jack Rabinowicz, Rod Cowper and Simon Boschat consider ex parte continuing disclosure obligations ‘There have been a series of cases which have considered the continuing duty of ex parte applicants to disclose material matters to the court as they arise post the making of the ex parte order.’ It is the standard practice in legal …
Continue reading "Disclosure: Show and tell"
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Wills & Trusts Law Reports | March 2016 #157Taylor Wessing LLP (TW) are the London solicitors of Grampian Trust Company Limited (the trustee), a company resident and incorporated in the Bahamas. The trustee is trustee of a discretionary settlement known as the Glenfinnan settlement, settled in 1992 and governed by Bahamian law. The Glenfinnan settlement was a resettlement of certain funds from an earlier Bahamian settlement (the 1973 settlement). The first claimant is a beneficiary of the Glenfinnan settlement. The second and third claimants, her children, are not beneficiaries. In 2006 and 2009 the trustee made substantial appoin...
Paul Newman QC examines claims for trust documents under the Data Protection Act 1998, with reference to Dawson-Damer v Taylor Wessing LLP [2016] ‘The critical difference between the disclosure of trust documents and privilege is that the need to maintain confidentiality in the trust document may be overridden by the exercise of the court’s discretion.’ …
Continue reading "Disclosure: What makes data ‘personal data’?"
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Rebecca Harling highlights the consequences of material non-disclosure and the approach of the courts ‘The Supreme Court has confirmed that dishonest spouses found to have concealed their assets during the course of proceedings should not be allowed to benefit financially from their material non-disclosure or fraud.’ All parties to financial remedy proceedings are subject to …
Continue reading "Non-Disclosure: Facing the music"
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Teresa Rosen Peacocke investigates whether recent rule changes make US discovery more limited than UK disclosure ‘The key to discovery under the new rule will be proportionality, a concept that has been an integral part of UK civil procedure since the introduction of the overriding objectives under the CPR.’Civil litigation procedure has in some important …
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Toby Hales analyses whether the Supreme Court decisions in Gohil and Sharland will finally cheat-proof family justice ‘While every divorcing or separating couple should be encouraged to settle their finances by agreement, the jurisdiction to make such an agreement into an order lies with the court and the court alone.’ There were more than a …
Continue reading "Disclosure: Nowhere to run, nowhere to hide"
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Giles Hutt and Whiston Bristow report on the shorter trials and flexible trials pilot schemes If there is one aspect of English court procedure that litigants would most like to change, it is probably disclosure. Not only is disclosure often time-consuming and expensive, it can also be immensely disruptive of a company’s operations, without always …
Continue reading "Disclosure: On a roll"
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Deborah Ramshaw reports on a recent judgment highlighting the pitfalls of disclosure ‘The court found that the council had sought a potentially unfair advantage through its attitude to disclosure; in particular the court found that it was unfair for the council to “pick and choose what documents they provide and when, as it suits them”.’The …
Continue reading "Disclosure: Finding the missing link"
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