Sentences with phrase «ancillary relief applications»

Financial claims under Sch 1 of the Children Act 1989 are likely to be brought into procedural line with ancillary relief applications at some time in the future.

On 1 June 2007, say, the net value of the former matrimonial home of a couple, now before the court on an ancillary relief application, is # 200,000.

The fact that she did so following a contested ancillary relief application and on the basis that all her ancillary relief claims were dismissed makes no difference; or it made no difference here, because her claims were of no real value in the light of H's insolvency.

However, the court held that there was no «compromise» of an ancillary relief application — the parties had divorced many years before and a final order had been handed down at the conclusion of those proceedings.»

This was considered further in F v S (ancillary relief application to set aside an order)[2009] EWHC 2377 (Fam) in which there had been a dispute as to the value of the husband's shares, with the husband's expert giving a value of # 3.7 m and the wife's expert giving a value of # 27.2 m.

Not exact matches

Permission to appeal against ancillary relief orders (after Barder v Barder (Caluori intervening)[1988] AC 20, [1987] 2 FLR 480, HL) has been in the reports recently; but in two cases which only emphasise that, for such an application to succeed, the circumstances must be exceptional.

And look, no application to compromise Soulsby concerned an agreement post-approved ancillary relief order.

There had been no pending application for any ancillary relief that could be compromised.

The parties (both of whom are in the public eye) made a joint application to exclude the media from ancillary relief proceedings.

In the meantime, in the ancillary relief proceedings, Mr Imerman made an application for the return of the seven files held by Withers.

He regularly appears in public law care cases on behalf of parents, local authorities and guardians, in private law proceedings (including domestic violence injunctions) and in financial disputes (ancillary relief proceedings, trusts of land applications, Inheritance Act applications and Schedule 1 Children Act proceedings etc).

I do not agree... [A] s Sir Mark Potter P said in Charman v Charman (No 4)[2007] EWCA Civ 503, para 67, «the starting point of every inquiry in an application for ancillary relief is the financial position of the parties», and that «inquiry is always in two stages, namely computation and distribution».

Bankruptcy applications, including applications for sale and possession (and ancillary injunctive relief), applications for annulment (and rescission of an annulment order by a creditor following the bankrupt's failure to comply with the Insolvency Rules) and applications to set aside statutory demands.

The application judge accepted the argument of the respondent that the application had to be dismissed on the ground that the application was not properly brought under rule 14.05 because the request for a mandatory order was not ancillary to a claim for relief.

The application had been properly founded under subrule 14.05 (3)(h), no material facts in dispute, and under subrules 14.05 (3)(d) and (g), the determination of rights following the interpretation of a contract and relief ancillary to those rights.

She referred to the dicta in Xydhias v Xydhias [1999] 1 FLR 683, 691: An even more singular feature of the transition from compromise to order in ancillary relief proceedings is that the court does not either automatically or invariably grant the application to give the bargain the force of an order.

King J accepted that in recent cases the courts were being more willing to make orders following a Notice to Show Cause application in ancillary relief cases.

- How to make good her contention that the assets held by the trustees of Dragon were to be treated as her husband's resources for the purposes of orders in the application for ancillary relief.

Pointing to the need for full information on the application for ancillary relief, the wife's likely ignorance of the true asset position and the husband's likely disaffection, Sir Mark Potter P described the letter of request as a «valuable means by which to obtain the necessary information» and said «the court should in principle be receptive to an application by the wife in such a case».

application for ancillary relief (this is for ongoing payments or a share in the property or possessions you own): # 355 in the High Court and # 296 in a county court