Sentences with phrase «ancillary relief claim»

According to Rimer LJ, those dicta had the effect of stating that, where a «husband is, either actually or in substance, the 100 % owner of a company that owns an asset that might usefully be applied in or towards satisfaction of a wife's ancillary relief claim, it will or may be open to the court to pierce the company's corporate veil and treat that asset as property of the husband so as to enable it to be the subject of a s 24 (1)(a) order».

Yarwood v Yarwood's Trustee in Bankruptcy [2010] EWHC 2272 (Ch); [2010] 3 F.C.R. 311; [2010] B.P.I.R. 1443; (2010) 154 (36) S.J.L.B. 33; [2010] N.P.C. 93 A claim to set aside a transfer of property pursuant to an agreement made as part of an ancillary relief claim prior to the presentation of a bankruptcy petition but performed after the petition was presented.

The «routine» ancillary relief claim, involving net assets of about # 1.3 m, followed a 20 - year marriage.

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.

His Lordship held that it would be wrong to focus simply upon a comparison between what Mrs Agbaje was awarded in Nigeria and what she would have been awarded had she been able to proceed with her ancillary relief claims in England: The focus should rather be on whether, objectively speaking, substantial justice or injustice was done overseas (my emphasis).

It is not open to a court, simply because it regards it as just and convenient, to disregard such separate entity and to appropriate the assets of a company in satisfaction either of the monetary claims of it's corporator's creditors or of the monetary ancillary relief claims of its corporator's spouse.

Not exact matches

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

The ancillary relief proceedings were eventually compromised and the consent order was made on 11 February 2007, whereby W accepted the provision in full and final settlement of all her claims for lump sum, property adjustment and pension sharing.

In his latest blog, View from the President's Chambers, Munby P said only a minority of divorces give rise to a money claim, and the concentration of divorce cases in a limited number of regional divorce centres was putting the administration of ancillary relief under «unnecessary and avoidable strains».

As we know, the Court of Appeal found that a claim for ancillary relief is a real claim depending for its quantification on the exercise of the court's discretion.

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.

Reported cases include: Gill v Meyers (reasonableness and UCTA), Films Rover v Cannon Film Sales (test for grant of mandatory interlocutory injunction), Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint (acted for defendant in successfully resisting claim for finder's fee in respect of stolen painting), Yukong Lines v Rendsburg — The Rialto (tortious conspiracy and ancillary injunctive relief against controller of corporation), REC v Thames Water (test for grant of interlocutory injunction in field of electricity supply), De Molestina and Others v Ponton (acted for defendant in successfully rescission of share distribution agreements), and Marubeni Corporation v Government of Mongolia (claim on state guarantee)

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 issues that confronted Mrs Charman were typical of those faced by partners in claims for ancillary relief where there are substantial assets held in offshore trusts: - How to get information about the trust.