Sentences with phrase «in financial remedy»

The impact of the EC regulations is addressed in several substantive contexts, including applications under Part III of the Matrimonial and Family Proceedings Act 1984 (Lord Collins's tantalising obiter dicta in Agbaje v Agbaje, and the subsequent case - law such as Traversa v Freddi [2011] 2 FLR 272) as well as in relation to enforcement of maintenance orders and the difficulty in that context of characterising English orders made in financial remedy proceedings.

The court procedure in Financial Remedy applications means that approximately 90 % of all cases settle at the Financial Dispute Resolution hearing, which is akin to in - court mediation, rather than go to a final hearing when a judge determines the outcome.

She has broad experience in financial remedy proceedings including the ownership of companies, third party interests, pre / post-nuptial agreements and assets overseas.

In «The sound of silence: adverse inferences: Al - Baker», Antonia discusses how the courts deal with cases of non-disclosure in financial remedy proceedings.

Practice head and «absolute class act» Patrick Mulcare is «a tough litigator who takes no prisoners» in financial remedy cases, the dissolution of civil partnerships and other family disputes.

A measure of what is in place in April will be a measure of what has been «done» in the financial remedy area.

Direct access client in a financial remedy case.

Direct access client in a financial remedy case and private law children case.

It could be described as a way of privatising a key part of the court process in a financial remedy application.

In financial remedy proceedings, that is why, of course, there is, under the Family Procedure Rules, an agreed bundle, statement of issues, chronology etc, so that the judge can focus on the key issues.

In JP v NP, Eleanor King J considered a third attempt to set aside orders made in financial remedy proceedings, where # 42,000 was in issue between the parties and where an order (order (1)-RRB- had been made following a hearing and in anticipation of a decree nisi later being made.

Lord Pearson [at 682] contrasted this with the position where application is made after the time for appeal has expired (eg, per a Barder appeal in financial remedy proceedings — see Barder v Barder (Caluori Intervening)[1988] AC 20, [1987] 2 All ER 440): in such a case the end of litigation has been definitely reached, subject only to the court's power to extend the time.

FPR 2010 r 21.1 (1) anticipates such a list in the family court, but this is rarely anticipated, still less ordered, by the court (eg, most disclosure in financial remedy proceedings is dictated by production of documents with Form E (the parties» financial statement)-RRB-.

Parliament has imposed no statutory time - bar in financial remedy proceedings.

David accepts instructions in financial remedies cases.

«Variation of nuptial settlements in financial remedies: Part II: The process of variation», Family Law 1107 [2017](co-written with James Webb, barrister at 1 Hare Court) «Variation of nuptial settlements in financial remedies: Part I: Identifying a nuptial settlement» Family Law 978 [2017](co-written with James Webb, barrister at 1 Hare Court) «The Sound of Silence» (adverse inferences) Family Law [2016] «Break it up» (nuptial settlements), Trusts and Estates Law & Tax Journal, [July / August 2015]

Not exact matches

«The ultimate resolution of any of these pending legal proceedings or government investigations, depending on the sanctions and remedy sought and granted, could materially adversely affect our results of operations and financial condition,» the bank said in a filing with the SEC.

Downstate said in a statement that it is developing a comprehensive plan to remedy the financial issues addressed in the report.

In case of such exercise of the contractual remedy by Ameri, the financial credibility of Ghana will be tarnished and every dollar borrowed through international funding will be expensive for the economy.

Thanks to his background as a former Morgan Stanley financial advisor, Minerva also focuses his work on institutional investor and client outreach in order to help clients identify and seek remedies for fraud.

Today The Treasury Select Committee publishes its report on the Financial Services Bill, ahead of its scrutiny in the House of Lords, setting out its main outstanding concerns and proposed remedies

New York State did not actively encourage racial segregation in the Yonkers public schools and therefore bears no financial responsibility for remedying the problem, a federal judge ruled last week.

The Department's Disadvantaged Business Enterprise (DBE) program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally - assisted highway, transit, airport, and highway safety financial assistance transportation contracting markets nationwide.

This isn't what you want when you are in a financial fix and you need an immediate remedy to the situation.

By using the financial information provided on Form 433 - A, the IRS can determine the appropriate remedy for the taxpayer who is experiencing difficulty in satisfying a tax liability.

Nevertheless, a payday loan shouldn't be used in place of a long - term financial remedy.

The share price has drifted lower in this vacuum — a rather unwarranted setback, as I believe there are some operational & financial remedies possible / available.

Filing bankruptcy is a financial remedy, especially if unforeseen events occur in your life.

After none of the home remedies she knew were working and his condition was worsening, she finally made the heartbreaking decision to surrender Rich to Charleston Animal Society (CAS) in the hopes that someone with greater financial means could help him.

Our new board members bring solid experience from both gaming and financial industries and help us in executing Remedy's growth strategy and to succeed also in the future.

This article explores the intersection of English criminal, regulatory and civil liabilities and remedies in connection with cyber fraud and how cyber attacks will inevitably generate financial penalties and litigation matching those of the global Libor and Forex scandals.

He explained his position as follows: «There is no doubt that in this jurisdiction, when dealing with an application for financial remedies in English divorce proceedings, the court will normally apply English law, irrespective of the domicile of the parties, or any foreign connection (see Radmacher para 103).

The de-linking of divorce and financial remedies and introduction of online divorce are procedural changes designed to go hand - in - hand.

If you or a loved one has recently been involved in a serious or fatal New Mexico truck accident, there may be remedies that you can seek, including financial compensation from the responsible parties.

Divorce proceedings and any financial remedy proceedings are going to be «de-linked» and pursued separately in a move set to streamline the family court system nationwide and save weeks of delay.

In Canada, absent an action for malicious prosecution — which as explained above, is rare in the extreme — there is no direct financial remedy available to an individual who has been on the wrong side of Crown discretioIn Canada, absent an action for malicious prosecution — which as explained above, is rare in the extreme — there is no direct financial remedy available to an individual who has been on the wrong side of Crown discretioin the extreme — there is no direct financial remedy available to an individual who has been on the wrong side of Crown discretion.

While financial disclosure remains the most basic obligation in family law matters, they urged that pleadings should only be struck after all alterative remedies are considered.

Ms. Luther represents a broad base of financial institutions and other clients in all state and federal courts and has experience enforcing secured and unsecured loan obligations, obtaining attachments, injunctions, restraining orders, receiverships, and other pre-judgment remedies.

Mr. McShane has defended public contractors in bid protest actions and construction defect litigation, pursued commercial code and contract remedies for financial institutions and corporations, prosecuted and defended legal malpractice cases and protected lenders» interests in bankruptcy estates and civil forfeiture cases.

Family lawyers and the courts are interested in fairness; financial remedy proceedings are not a game to make one party richer than the other.

At a Glancefor 2014/15, aged 23, comprising essential tables and other material for financial remedies and which is more important to have with you in the family court than your underpants, does not disappoint.

Although, as in most financial remedy proceedings, the key issue was whether the husband had the available wealth that the wife claimed, there was an additional, complicating factor that the wealth may have been in the hands of the husband's extended family (outside England and Wales) and the court would need to be satisfied that the money would be paid.

In parallel, however, there ran enforcement proceedings in respect of an interim financial remedy order issued in December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaidIn parallel, however, there ran enforcement proceedings in respect of an interim financial remedy order issued in December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaidin respect of an interim financial remedy order issued in December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaidin December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaid).

Part Four of the Bill contains proposals to make significant changes to judicial review by restricting the powers of the court to provide a remedy in certain types of challenges, and by imposing higher financial risks on claimants and interveners.

She represents financial institutions in litigation including matters involving creditors» rights, provisional remedies and post-judgment enforcement, fraudulent transfers and disputes relating to secured and unsecured lending.

An additional practice that has grown in popularity among many practitioners, where the parties have the financial resources, is the use of a private financial dispute resolution appointment (FDR), the FDR being a key part of financial remedy proceedings in a divorce.

You will not be able to recover any financial damages in court and the insurance companies will be unwilling to settle your claim with you knowing that you have no legal remedy.

These developments suggest a greater willingness on the part of the Federal Court to compensate successful parties in line with the actual financial stakes of patent litigation and suggest that if a successful party is entitled to equitable remedies, the court is more willing to award substantial equitable monetary remedies to the successful party.

«The matters to which the court must have regard include --(a) the financial value of the claim and the amount in dispute, if different; (b) whether it would be more convenient or fair for hearings (including the trial) to be held in some other court; (c) the availability of a judge specialising in the type of claim in question; (d) whether the facts, legal issues, remedies or procedures involved are simple or complex; (e) the importance of the outcome of the claim to the public in general».

Throughout his career, he has focused on representing financial institutions in workouts, pre-judgment remedies, receiverships, collection matters and insolvency.